IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20140001259
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition.
2. The applicant states, in effect, the case file should be reviewed in accordance with the Secretary of Defense directive for a comprehensive review of members who were referred for a disability evaluation between 11 September 2001 and
30 April 2012 and whose MH diagnosis was changed during that process.
3. The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP).
CONSIDERATION OF EVIDENCE:
1. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system.
2. The DOD memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health diagnoses for service members completing a disability evaluation process between 11 September 2001 and
30 April 2012 in order to determine if service members were disadvantaged by a changed diagnosis over the course of their physical disability process.
3. In the processing of this case, an advisory opinion was obtained from the PDBR SRP and the applicant was provided a copy.
4. The applicant did not respond to the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there should be no change of the applicants physical evaluation board (PEB) adjudication of the temporary disability retirement determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES).
3. The evidence of the available records shows diagnoses of Post-Traumatic Stress Disorder (PTSD) and undifferentiated somatoform disorder were the only diagnoses rendered during disability evaluation processing.
4. The SRP determined that the MH diagnosis was not changed to the applicant's disadvantage and therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP agreed that PEB adjudication of unfitting PTSD was supported by the evidence.
5. The applicant appeared to have fully met the Diagnostic Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) TR diagnostic criteria for PTSD, therefore, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (mental disorders due to traumatic stress) for application at the Temporary Disability Retirement List (TDRL) entry.
6. The SRP considered if there was evidence for a Section 4.130 rating higher than 50 percent at time of placement on the TDRL and concluded that the higher 70 percent rating is for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood due to such symptoms.
7. The psychiatric narrative summary (NARSUM) and the Compensation and Pension (C and P) exam recorded an essentially normal mental status examination and noted symptom improvement with medication. There was no evidence of impairment in thinking, judgment or mood symptoms with suicidal ideation. There were no recorded visits to the emergency department and no hospitalizations for MH issues. The applicant cited benefit in therapy and improvement with use of medications. Although he reported homicidal thoughts, there were no legal issues, no incidents of domestic violence recorded and no evidence of impaired impulse control.
8. The SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reasonable doubt (in accordance with VASRD Section 4.3 or Section 4.7) for recommending a 70 percent TDRL entry rating.
9. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions at TDRL entry. In February 2013, the PEB reassessed the applicants TDRL status, and as the result of a 2012 TDRL NARSUM, the TDRL was continued.
10. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20040003532
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140001259
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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