IN THE CASE OF:
BOARD DATE: 4 June 2014
DOCKET NUMBER: AR20140007367
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 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 Department of Defense 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 unanimously recommended no change to the applicants unfitting condition diagnosis, and that his prior separation be modified to reflect he was placed on the Temporary Disability Retired List (TDRL) at 50 percent disability rating (in accordance with (lAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and Department of Defense (DoD) Directive requiring a minimum 50 percent) and no change in his permanent retirement rating.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the mental health condition during processing through the military Disability Evaluation System (DES). The evidence of the available records show a diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered. The SRP determined that a mental health diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the physical evaluation board (PEB) adjudication of the unfitting PTSD was supported by the evidence and the diagnosis of PTSD was the appropriate diagnosis. In addition, the SRP found that the application of VASRD Section 4.129 (mental disorders due to traumatic stress) was warranted in this case and in compliance with its provisions for a disability rating of not less than 50 percent for an initial period of 6 months following theTDRL entry was applicable.
4. The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of the TDRL entry. There was no evidence in the record of recurrent suicidal behaviors, no frequent visits to the emergency room for the MH treatment, no recurrent psychiatric hospitalizations and no impairment in thinking or areas of occupational functioning outside of the military environment, at the time of TDRL entry. The SRP noted that all mental status exams (MSEs) were essentially normal except for anxious mood/affect.
5. The SRP determined the record in evidence did not support a higher than 50 percent rating at theTDRL entry and there was insufficient reasonable doubt in accordance with VASRD Section 4.3 or VASRD Section 4.7 for recommending a 70 percent TDRL entry rating.
6. The SRP agreed that at the time of permanent retirement, the record adequately demonstrated that the applicant met full diagnostic criteria for PTSD. He continued in outpatient talk therapy and medication. He was able to maintain full time employment in a supportive environment. There was no report of legal problems or domestic violence. The applicant's symptoms had stabilized with no hospitalizations and no recorded visits to the emergency room for the MH issues. His symptoms reflected the criteria for the 30 percent disability rating.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that criteria for the application of VASRD Section 4.129 were met in this case. The SRP further concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant's permanent retirement rating for the MH condition.
8. The available evidence shows the SRPs 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicants prior separation to reflect he was placed on the TDRL at 50 percent (IAW VASRD Section 4.129 and DOD Directive).
___________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) AR20140007367
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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