IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20140002286
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 retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the applicant's mental health (MH) condition during processing through the Disability Evaluation System (DES). The evidence of the available records did contain the diagnoses of undifferentiated somatoform disorder and anxiety disorder that was upgraded to Post-Traumatic Stress Disorder (PTSD) with somatoform (conversion) symptoms during the DES process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the physical evaluation board (PEB) adjudication of unfitting PTSD was supported by the evidence, but not to support the conclusion that a highly-stressful event occurred severe enough to bring about the Veteran's release from active military service; therefore, the application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was not appropriate in this case.
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at time of placement on the Temporary Disability Retired List (TDRL). The higher 50 percent rating was for "Occupational and social impairment, with reduced reliability and productivity due to such symptoms. The functional issues prior to TDRL entry did not support an entry rating higher than the PEB's 30 percent in accordance with the VASRD Section 4.130.
5. The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than the 50 percent permanent rating adjudicated by the PEB at time of the applicant's TDRL termination. Without evidence of delusions or hallucinations and possessing no danger of harming self or others, the 100 percent rating was not applicable.
6. The SRP noted the applicant did possess some characteristics of the 70 percent rating criteria but agreed that the intensity or degree of those characteristics did not rise to a level of meeting such criteria and more appropriately met the 50 percent rating criteria. There was no current suicidal ideation, obsessional rituals, illogic speech, near continuous panic attacks, or depression to a degree of non-independent function.
7. The SRP agreed at the time of permanent medical retirement the preponderance of evidence did not support a rating higher than the 50 percent rating adjudicated by the PEB.
8. 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 condition.
9. 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002286
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140014262
After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there should no change in the physical evaluation board (PEB) adjudication of the temporary disability and permanent retirement determination. The SRP noted the neurology medical evaluation board (MEB) recorded the diagnosis of Post-Traumatic Stress Disorder (PTSD) and that the neuropsychological evaluation had not recorded a diagnosis of PTSD and PTSD had not appeared in any other clinical...
ARMY | BCMR | CY2014 | 20140019104
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Disability Evaluation System. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants separation rating of 10...
ARMY | BCMR | CY2014 | 20140001259
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in...
ARMY | BCMR | CY2014 | 20140008951
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Therefore, the SRP agreed that near the time of TDRL entrance, the preponderance of evidence did...
ARMY | BCMR | CY2015 | 20150004123
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The physical evaluation board (PEB) assigned a 70 percent rating (higher than the...
ARMY | BCMR | CY2014 | 20140013449
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicants case, the SRP recommend by unanimous vote that the applicant's prior MH rating determinations be modified to reflect a Temporary Disability Retired List (TDRL) entry at 50 percent for his MH condition, for a combined TDRL entry...
ARMY | BCMR | CY2014 | 20140011591
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Because the applicant was referred into the DES process with a diagnosis of Post-Traumatic Stress Disorder (PTSD), but the VA examination (which was considered part of the DES process), narrative summary (NARSUM), medical evaluation board (MEB) and physical evaluation board (PEB) listed a diagnosis of major depression,...
ARMY | BCMR | CY2014 | 20140011160
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that there should be no change in the applicants unfitting condition diagnosis and his prior determination be modified as follows: Temporary Disability Retirement (TDRL) at 50...
ARMY | BCMR | CY2014 | 20140010917
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. The SRP concluded that the 70 percent criteria was not reflected in the evidence and therefore agreed that a rating higher than 50 percent...
ARMY | BCMR | CY2014 | 20140014433
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. 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...