IN THE CASE OF:
BOARD DATE: 21 May 2014
DOCKET NUMBER: AR20140006659
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 a 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 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 there should be no change to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in MH diagnoses, Physical Evaluation Board (PEB) fitness determination and, if unfitting, whether the provisions 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 was made.
3. The SRP noted that the available records revealed the diagnosis of Post-Traumatic Stress Disorder (PTSD) remained the primary MH diagnosis throughout the PEB's adjudication. The SRP noted that PTSD was identified by the Medical Evaluation Board and PEB and no adverse change in diagnosis was made at any time during the Disability Evaluation System process. Therefore, the applicant did not appear to meet the criteria for the Terms of Reference for the MH Diagnosis Review Project.
4. The SRP noted that the applicant presented multiple psychiatric diagnoses to include PTSD, Major Depressive Disorder, and cognitive impairment/Traumatic Brain Injury. The SRP agreed that the provisions of VASRD section 4.129 were applicable in this case, noting the association with combat experiences.
5. The SRP considered if there was evidence for a higher rating than the PEB's 50 percent at time of Temporary Disability Retired List (TDRL) entry. The SRP considered and agreed that the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reasonable doubt for recommending a higher TDRL entry rating.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140006659
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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