IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001269
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health condition during processing through the military disability system.
2. The Department of Defense 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 applicant's case, the SRP determined by majority vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP first considered whether there were any changes in the applicants mental health (MH) diagnoses. The SRP noted the diagnosis of Post-Traumatic Stress Disorder (PTSD) had been consistently documented throughout the applicant's processing through the Disability Evaluation System (DES) and had not been changed to the applicant's disadvantage. The SRP concluded that the applicant did not meet the inclusion criteria for the Terms of Reference of the MH Review Panel.
3. Given that the unfitting MH condition was considered to be a result of traumatic events, the Physical Evaluation Board (PEB) appropriately applied Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 in this case. The SRP considered the disability rating at the time of the applicants placement on the Temporary Disability Retired List (TDRL). The majority of the SRP concluded that there was not sufficient evidence in the available record to support a rating higher than the 50 percent rating required by application of section 4.129 at the time of the applicant's being placed on the TDRL.
4. The SRP considered the permanent section 4.130 rating at the time of the applicants removal from TDRL. The SRP agreed that the evidence of the November 2011 examination did not support a rating higher than the 30 percent disability rating adjudicated by the PEB. After due deliberation in consideration of the preponderance of the evidence, the SRP majority concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD.
5. The available evidence shows the SRP's 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 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) AR20140001269
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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