IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001524
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 there should be no change of the applicants disability and the Temporary Disability Retired List (TDRL) entry determination.
2. The SRP considered the appropriateness of changes in the mental health (MH) diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the 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.
Post-Traumatic Stress Disorder (PTSD) as the final TDRL-entry diagnosis.
3. The SRP noted there was some question of whether the applicant had depressive disorder and Obsessive-Compulsive Disorder (OCD) or symptoms of those conditions under PTSD; PTSD was the predominant diagnosis and was on the final physical evaluation board (PEB) of record. The applicant therefore did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The PEB applied VASRD Section 4.129 for a 50 percent MH TDRL entry rating and all MH-related symptoms were rated under the general rating formula for mental disorders in accordance with VASRD Section 4.126.
5. The applicant's MH condition was in partial remission at TDRL entry, and evidence indicated family relations, judgment, and thinking were not impaired.
There was insufficient evidence for a TDRL entry rating higher than 50 percent.
6. After due deliberation in consideration of the preponderance of the
evidence, the SRP concluded that there was insufficient cause to recommend any changes to the unfitting PTSD MH condition, and there was insufficient reasonable doubt for a rating higher than the 50 percent 9411 rating awarded by the PEB (combined 70 percent for TDRL entry).
7. 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) AR20140001524
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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