IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20140002068
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 applicants 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 the applicant's prior determination should be modified to reflect a permanent rating of 50 percent rather than 30 percent upon removal from the Temporary Disability Retired List (TDRL), effective as of the date of his prior medical retirement.
2. The SRP determined that the applicants Post-Traumatic Stress Disorder (PTSD) was consistently noted as the diagnosis throughout the entire Disability Evaluation System (DES) process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP determined the Physical Evaluation Board (PEB) adjudicated the applicant's PTSD condition as unfitting and appropriately applied Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 with the required 50 percent rating, and placed the applicant on the TDRL. The applicant was removed from the TDRL 17 months later and permanently retired with a
30 percent rating for PTSD. The SRP examined the data for evidence that a rating higher than 50 percent should have been applied at TDRL entrance.
4. The SRP reviewed the data contained in the TDRL exam performed two months prior to the applicant's exit from the TDRL for evidence that a rating higher than 30 percent should have been granted at TDRL exit. The SRP also reviewed the Compensation and Pension exam performed approximately
6 months prior to the applicant's TDRL exit. The SRP determined both documents agreed that the applicant's symptoms were still present, he was not getting treatment, and that he was taking medication daily.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously agreed that the applicant's impairment due to PTSD closely fit the 50 percent disability rating at TDRL exit.
6. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicants record to reflect a permanent rating of 50 percent rather than 30 percent upon the applicant's removal from the TDRL, effective as of the date of his prior medical 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) AR20140002068
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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