IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001273
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 applicants case, the SRP determined by unanimous vote that the applicant's entry into the Temporary Disability Retired List (TDRL) should be changed to reflect that the applicant was placed on the TDRL at 50 percent rather than 30 percent and no change to the previously assigned 50 percent rating at permanent retirement.
2. The SRP considered the appropriateness of changes in the applicants mental health (MH) diagnoses, Physical Evaluation Board (PEB) fitness determination, and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable and a disability rating recommendation in accordance with VASRD section 4.130.
3. The SRP first considered whether there had been any change in diagnoses to the applicants disadvantage during the Disability Evaluation System (DES). Post-Traumatic Stress Disorder (PTSD) was a diagnosis on the applicant's initial S3 profile recommending a Medical Evaluation Board (MEB). The SRP noted that the PTSD diagnosis was dropped from the initial MEB and TDRL entry diagnoses. Although PTSD was on the final narrative summary (NARSUM) and PEB for permanent retirement, it was determined that the applicant did meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP also considered the appropriateness of the mood disorder versus PTSD diagnosis at the applicants TDRL entry. There were no additional attributable PTSD stressors during the TDRL period. The SRP adjudged that there was not a preponderance of the evidence to support a change of diagnosis to PTSD at TDRL entry. Given an unfitting PTSD diagnosis, application of VASRD section 4.129 requires placement on TDRL and an initial minimum disability rating of 50 percent. Regardless of final PEB diagnosis at TDRL entry, VASRD section 4.129 does not specify a diagnosis of PTSD, rather it states "mental disorder due to a highly stressful event," and its application is not restricted to PTSD.
5. The SRP adjudged that there was sufficient evidence to support a highly stressful event at the time of the applicants TDRL entry and that the application of VASRD section 4.129, should be applied regardless of MH diagnosis.
6. The SRP considered that the initial VA evaluation was in the higher stress timeframe following the PEB and prior to placement on the TDRL and, therefore, the SRP did not find sufficient evidence to award a higher rating than a 50 percent at TDRL entry.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously recommends a TDRL entry rating of 50 percent for the applicant's mood disorder. The SRP adjudged there was insufficient evidence of deficiencies in most areas or other impairments to support a permanent disability rating higher than 50 percent. The SRP also unanimously recommends no change in the applicants PEB's final permanent disability retirement determination.
8. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by increasing the MH TDRL entry rating to 50 percent.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of
the application that pertains to any change in the applicant's MH diagnoses and change in the applicant's MH permanent disability rating.
__________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) AR20140001273
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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