IN THE CASE OF:
BOARD DATE: 7 May 2014
DOCKET NUMBER: AR20140004962
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 a vote of 2 to 1 that there should be no change in the applicant's Temporary Disability Retired List (TDRL) entry determination. The singe dissenter recommended a TDRL entry rating of 70 percent.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Disability Evaluation System. The available evidence of record show a diagnosis of post-traumatic stress disorder (PTSD) was rendered and the SRP agreed there was no change in that diagnosis. Therefore, the applicant did not meet the inclusion criteria in the MH review project terms of reference.
3. The SRP determined the commander's statement supported the applicant's inability to perform within her military occupational specialty due to her PTSD symptomatology, thus the unfitting determination. The physical evaluation board (PEB) appropriately applied the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD), section 4.129, with a disability rating of not less than 50 percent in accordance with the Office of the Under Secretary of Defense memorandum, dated 17 July 2009.
4. The SRP's protracted discussion ensued taking into account the data in the commander's statement, the VA Compensation and Pension (C&P) examination, the PEB document itself, and the applicant's entire record. Consideration was given to the occupation and social impairment and the attendant symptoms correlated with each rating level in the VASRD, section 4.130.
5. The SRP noted the PEB proceedings confirmed the medical evaluation board psychiatrist and the applicant's level of impairment was most consistent with a 30-percent rating and that the entries in the commander's statement were consistent with a 50-percent rating level. The SRP also considered the applicant's military/work history, early promotion, past supervisory positions, etc., in its deliberations.
6. The SRP also reviewed the TDRL entry rating. Based on the VA C&P examination, the VA rated the applicant 100-percent disabled due to PTSD.
7. The appended minority opinion prepared by the single dissenter stated the applicant's case rests on the determination of her level of disability as she was placed on the TDRL for PTSD in July 2011. The PEB applied the VASRD, section 4.129, in making a rating determination. The PEB determined that criteria from the VASRD, section 4.130, supported the 50-percent ratings and its description of the applicant's condition more closely approximate the 70-percent level of disability. The single dissenter contended the PEB defaulted to 50 percent in this case based on the applicability of the VASRD, section 4.129. The single dissenter concluded that the facts of the case more appropriately described the applicant's condition as a 70-percent disability at the time of TDRL placement.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP majority by a vote of 2-1 recommended no change to the applicants TDRL entry rating determination
9. The available evidence shows the SRP's 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) AR20140004962
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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