IN THE CASE OF:
BOARD DATE: 2 April 2014
DOCKET NUMBER: AR20140003669
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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants temporary disability determination at Temporary Disability Retired List (TDRL) placement.
2. The SRP considered the appropriateness of changes in the MH diagnoses, physical evaluation board (PEB) fitness determination; whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130.
3. The SRP reviewed the records for evidence of changes or elimination of diagnosis of the MH condition to the applicants disadvantage during processing through the Integrated Disability Evaluation System (IDES) pilot program and found none.
4. The SRP agreed that the applications of VASRD Section 4.129 and VARSD Section 4.130 were appropriate and found no diagnostic variance between the PEB and the Department of Veterans Affairs (VA) proceedings. The applicant therefore did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.
5. The SRP also considered if a 70 percent rating, the next higher rating under code 9411, in accordance with VASRD Section 4.130, was supported by the record in evidence for the MH condition. The SRP noted references to suicidal ideation in both the medical evaluation board and VA examinations, a clinical feature that would support the 70 percent rating.
6. After due deliberation in consideration of the preponderance of evidence, the SRP unanimously agreed the evidence supported that the applicant was not suicidal at the time of TDRL placement. The SRP found no other evidence in the record in support of a rating higher than 50 percent for TDRL entry and no creditable evidence that he was removed from TDRL. At the time of the advisory no recommendation for a permanent rating was made.
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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003669
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 20140009054
The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. The next higher 100 percent rating required total occupational and social impairment. The SRP noted the VA neurologists statement and neuropsychology testing results regarding possible embellishment or malingering; and the service neurologists inability to draw conclusions due to an unsatisfactory examination. After due deliberation in consideration of the...
ARMY | BCMR | CY2015 | 20150007328
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 agreed that physical evaluation board (PEB) adjudication of unfitting post-traumatic stress disorder (PTSD) was supported by the evidence; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans...
ARMY | BCMR | CY2015 | 20150003882
The SRP recommended no change to the physical evaluation board (PEB) adjudication of the permanent retirement rating of 30 percent for the unfitting mental health condition. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Integrated Disability Evaluation System (IDES). The SRP noted that the PEB assigned a disability rating of 30 percent without application of VASRD Section 4.129 (Mental...
ARMY | BCMR | CY2014 | 20140003670
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military disability evaluation system and determined the MH diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation. The SRP questioned the C&P examiner's conclusion regarding financial management competency, given the subsequent assessment and conclusions by the NARSUM psychiatrist (including a Global Assessment of...
ARMY | BCMR | CY2014 | 20140009051
The SRP considered the appropriateness of changes in the applicant's MH diagnoses and the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. The SRP then considered whether the evidence supported a permanent rating higher than the 30 percent adjudicated by the PEB at the time of the applicant's removal from the...
ARMY | BCMR | CY2015 | 20150014152
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 disability evaluation system (DES). The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas....
ARMY | BCMR | CY2014 | 20140002867
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 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...
ARMY | BCMR | CY2015 | 20150005644
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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the pilot disability evaluation system (DES). The TDRL re-evaluation examiner characterized his impairment as deficiencies in most...
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...