IN THE CASE OF:	  

		BOARD DATE:	  23 April 2014

		DOCKET NUMBER:  AR20140004976 


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 Department of Defense (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 applicant’s 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 DOD 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 applicant’s case, the SRP determined by unanimous vote that the applicant’s prior separation should be modified to reflect that he was placed on the Temporary Disability Retired List (TDRL) at a 50 percent rating (Post-Traumatic Stress Disorder [PTSD] at minimum 50 percent in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and DOD Directive) with permanent retirement at 50 percent. 

2.  The SRP considered the appropriateness of changes in the mental health diagnoses, 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’s first charge was to determine if any mental health diagnoses were changed during the Disability Evaluation System (DES) process.  The SRP determined that there was no change to the PTSD diagnoses throughout the DES process.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.

4.  The SRP noted the PEB did not apply provisions of VASRD Section 4.129.  The SRP determined that sufficient evidence supported that a highly stressful event severe enough to bring about the Veteran’s release from active military service did occur and that the application of VASRD Section 4.129 was appropriate in this case.  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 discussion centered on the constant anxiety, with once or twice weekly panic attacks, and the inability to consistently function in a work environment in an effective way on a daily basis.

5.  The SRP reviewed the criteria under VASRD Section 4.130 at the 50 percent and 70 percent rating levels, bearing in mind the PEB had determined his rating to be most appropriately described by the 30 percent level.  The SRP discerned that the applicant met the 50 percent rating level as most of his deficiencies were occupational, as he maintained social relationships with wife and family, was functioning independently, improving his financial status, and did not neglect personal appearance and hygiene.
6.  The SRP found deficiencies in work, adapting to stressful circumstances, and
occasional panic attacks 2-3 times per week were not deemed to be near continuous.  The deficiencies were not in most areas such as work, school, family relations, judgment, thinking, or mood, and were not due to symptoms such as suicidal ideation; obsession rituals which interfered with routine activities; speech intermittently illogical, obscure, or irrelevant; near continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work-like setting); inability to establish and maintain effective relationships. 

7.  The SRP determined by a vote of 2:1 that the evidence did not support a rating above 50 percent at the time of placement on the TDRL.  The single voter for dissent (who recommended 9411 PTSD at 70 percent) did not elect to submit a minority opinion.  Deliberations turned to the PEB rating at the time of removal from the TDRL and permanent disability retirement disposition. 

8.  The SRP noted the evidence of record revealed the applicant was functioning socially and independently.  He was generating some income from renting his house but still unable to function in an occupational work-like setting.  The SRP believed the symptoms reported at the TDRL psychiatric evaluation were appropriately described under the 50 percent rating criteria of VASRD Section 4.130.  The evidence did not support a higher rating at the time of the applicant’s TDRL exit of 70 percent. 

9.  The available evidence shows the SRP’s assessment should be accepted.  

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying his prior separation to reflect he was placed on the TDRL at a 50 percent rating (PTSD at a minimum 50 percent IAW VASRD Section 4.129 and DOD Directive) with permanent retirement at 50 percent.



      _____________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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ABCMR Record of Proceedings (cont)                                  AR20140004976



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