IN THE CASE OF:
BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140002867
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 a 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 applicants case, the SRP determined by unanimous vote that there be no change of the applicants Temporary Disability Retired List (TDRL) entry rating of 50 percent in accordance with the Department of Veterans Affairs schedule for Rating Disabilities (VASRD) Section 4.129 and VASRD Section 4.130.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130.
3. The SRP determined the available records revealed the applicant's diagnosis of Post-Traumatic Stress Disorder (PTSD) was first identified in 2009 and remained the primary MH diagnosis throughout the PEB adjudication. PTSD was identified by the medical evaluation board and PEB and no adverse change in diagnosis was made to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not appear to meet the criteria for the Terms of Reference for the MH Review Project.
4. The SRP agreed the provisions of VASRD Section 4.129 were applicable in this case, noting the association with combat experiences. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than the PEB's 50 percent at time of TDRL entry. 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 due to such symptoms. Upon TDRL entry, there were no recorded disabling panic attacks, no hospitalizations, no reported suicidal ideation, no noted impairment in judgment and no physical aggression towards others.
5. The SRP unanimously agreed that the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reason to recommend a 70 percent TDRL entry rating.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the diagnosis of PTSD with application of VASRD Section 4.129 minimum rating of 50 percent at TDRL entry was appropriate.
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) AR20140002867
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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