IN THE CASE OF:
BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140003255
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 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 applicant's unfitting condition diagnosis and the applicant's prior separation should be modified to reflect a rating of 50 percent for post-traumatic stress disorder (PTSD) at placement on the Temporary Disability Retired List (TDRL) (combined 80 percent) rather than 30 percent and a rating of 50 percent for PTSD at permanent disability retirement (combined 80 percent).
2. The SRP reviewed the applicant's records for evidence of inappropriate changes or elimination of a diagnosis of the MH condition during processing through the Disability Evaluation System (DES) and found evidence of a diagnosis change. The MH diagnoses at the time of TDRL placement were PTSD by the medical evaluation board (MEB) nurse practitioner psychologist and cognitive disorder and anxiety disorder with prominent PTSD-type features by the MEB psychiatrist.
3. The SRP agreed that one MH disability rating for the two noted MEB MH diagnoses of cognitive disorder and anxiety disorder was in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.130. The applicant was placed on the TDRL for an unfitting MH condition related to combat stressors with a disability rating of at least 50 percent for a minimum of 6 months in accordance with VASRD, section 4.129.
4. The SRP noted the diagnosis was changed from anxiety disorder to PTSD at the final TDRL evaluation and PTSD was adjudicated by the final PEB. The SRP agreed the MH diagnosis change was not to the applicant's possible disadvantage. Therefore, the applicant did not appear to meet the inclusion criteria in the MH review project terms of reference.
5. The SRP next considered if there was evidence for a VASRD, section 4.130, rating higher than 50 percent at the time of placement on the TDRL. The SRP agreed the preponderance of the evidence at TDRL entry did not support the higher evaluation of 70 percent in accordance with VASRD, section 4.130, and therefore the required minimum rating of 50 percent in accordance with VASRD, section 4.129, was applicable. The SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication at TDRL entry for the applicant's MH conditions. The SRP also reviewed to determine if the evidence supported a higher evaluation than 50 percent at the time of permanent separation.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the 50 percent rating was applicable. Further, the SRP recommended a change in the final PEB adjudication of the applicant's PTSD condition to a permanent disability rating of 50 percent.
7. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ __X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the applicant's prior separation to reflect a rating of 50 percent for PTSD at placement on the Temporary Disability Retired List (TDRL) (combined 80 percent) rather than 30 percent and a rating of 50 percent for PTSD at permanent disability retirement (combined 80 percent).
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of the application that pertains to any change in the applicant's unfitting condition diagnosis.
_______ _ 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) AR20140003255
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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