IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001868
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 unanimous vote that there should be no change in the physical evaluation board (PEB) adjudication of the applicant's temporary disability retirement determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the military Disability Evaluation System. The evidence of the available records shows the single diagnosis of post-traumatic stress disorder (PTSD) was rendered during processing of the disability evaluation.
3. The SRP determined 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.
4. The SRP agreed the formal PEB adjudication of unfitting PTSD was supported by the evidence. The applicant appeared to have met the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, diagnostic criteria for PTSD. Therefore, the diagnosis of PTSD was appropriate and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129 (Mental Disorders Due to Traumatic Stress), at Temporary Disability Retirement List (TDRL) entry was correct.
5. The SRP also considered whether there was evidence for a section 4.130 rating higher than 50 percent at the time of placement on the TDRL. The higher 70-percent rating was for occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The psychiatric narrative summary recorded a completely normal mental status examination (MSE) and noted symptom improvement with medication.
6. At the time of TDRL entry, the VA Compensation and Pension examiner noted an essentially normal MSE with no impairment in thinking, judgment, or family relations, although the applicant remained symptomatic but stable on medication.
7. The SRP determined there were no reported panic attacks, emergency department visits, or 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 or incidents of domestic violence recorded and he noted good relationships with his wife and children.
8. The SRP concluded the 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. At the time of the SRP, there was no evidence the applicant had been removed from the TDRL.
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.
10. 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) AR20140001868
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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