IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001387
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 applicant's 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 MH 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 the applicant's prior Temporary Disability Retired List (TDRL) rating should be increased to 50 percent for the major depressive disorder (MDD) condition and recommended no change to the previous rating and determination at permanent retirement.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; the appropriateness of the physical evaluation board (PEB) fitness determination for any MH condition; and, if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable. The SRP also considered the fairness of the disability rating for the MH conditions in accordance with VASRD, section 4.130. The original PEB finding in the applicant's case was that post-traumatic stress disorder (PTSD) was not unfitting. The SRP agreed that the pre-TDRL PEB's determination that PTSD was not unfitting and the applicant did not meet the inclusion criteria of the Terms of Reference of the MH SRP.
3. The SRP reviewed whether the disability attendant only to PTSD could be separated from MDD and judged to be not separately unfitting. The SRP concluded that the primary contribution to MH impairment was from MDD-associated symptoms and that PTSD-associated symptoms were not independently unfitting. The SRP recommended that the applicant's MDD be rated as a separately unfitting MH condition for TDRL placement and that PTSD be considered as an established condition which was not justified as separately unfitting for rating.
4. The SRP reviewed the applicability of VASRD, section 4.129, to the unfitting MDD condition, noting that section 4.129 does not specify a diagnosis of PTSD, but rather any "mental disorder due to a highly-stressful event" severe enough to result in release from military service. The SRP agreed that the 30 percent TDRL rating determination was invalidated; and, a minimum rating of 50 percent was mandated.
5. The SRP reviewed the applicant's permanent rating recommendation. The SRP first deliberated if a 70 percent rating was supported by the evidence at permanent retirement. All members agreed that section 4.130 criteria for 70 percent rating were not met. The SRP concluded that there was insufficient cause to recommend a change in the applicant's PEB's permanent rating determination for MDD.
6. 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 applicant's prior 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 to any change in the applicant's previous rating and determination at permanent retirement.
__________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) AR20140001387
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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