IN THE CASE OF:
BOARD DATE: 7 May 2014
DOCKET NUMBER: AR20140005725
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 Temporary Disability Retired List (TDRL) entry disability and permanent separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses and a disability rating recommendation in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.130. The MH diagnosis of post-traumatic stress disorder (PTSD) was documented on only two MH service treatment notes (one psychiatric consultation and one neuropsychological evaluation) present for review prior to the applicant's entry into the Disability Evaluation System (DES). The available evidence of record shows that all DES documentation (e.g., physical profile, medical evaluation board and psychiatric narrative summary, and physical evaluation board (PEB)) consistently noted anxiety disorder as the applicant's diagnosis and did not change. The SRP agreed that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not meet the inclusion criteria in the MH review project terms of reference.
3. The SRP determined that regardless of the final PEB diagnosis, VASRD, section 4.129, did not specify a diagnosis of PTSD; rather, it stated "mental disorder due to a highly stressful event" and its application was not restricted to PTSD. The PEB informal reconsideration appropriately applied VASRD, section 4.129, to the unfitting anxiety disorder and placed the applicant on the TDRL with the required 50-percent rating.
4. The SRP reviewed the evidence in its consideration of the next higher
70-percent rating at the applicant's placement on the TDRL. The applicant did not have the speech, thought, judgment, or memory impairment or panic attacks nor did he have the significant social impairment required for the
70-percent rating at TDRL entry. Therefore, the PEB's 50-percent rating was appropriate and the same as the VA disability rating. During the 19 months following TDRL entry, the applicant was working and going to school, was dating (although divorcing his third wife at that time), had a normal mental status examination, and was described as "affable" by one of the examiners.
5. The SRP agreed the evidence supported the conclusion that the applicant's MH impairment had improved during the TDRL period. Therefore, the PEB's
30-percent permanent rating at TDRL termination was appropriate. There was no evidence of a significant traumatic brain injury.
6. After due deliberation in consideration of reasonable doubt, the SRP concluded there was insufficient cause to recommend a change in the PEB's adjudication for the applicant's MH condition.
7. 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 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
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ABCMR Record of Proceedings (cont) AR20140005725
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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