IN THE CASE OF:
BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20140007698
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 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 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 the MH diagnoses, whether the provisions of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and whether a disability rating recommendation was made in accordance with VASRD section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records show the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only MH diagnosis rendered during processing through the applicant's DES. The SRP agreed there were no inappropriate changes in diagnoses and, therefore, determined that the MH diagnoses were 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.
4. The SRP agreed that Physical Evaluation Board (PEB) adjudication of the unfitting PTSD was supported by the evidence; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of VASRD section 4.129 was correct for application at Temporary Disability Retired List (TDRL) entry.
5. The SRP next considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of medical retirement. The SRP noted at the time of medical retirement that the applicant's condition had not changed significantly, but had stabilized. The applicant was never hospitalized psychiatrically, or treated in the emergency room for psychiatric symptoms, and had no legal issues. The SRP agreed that the record in evidence best supported the 50 percent rating and there was insufficient evidence for a higher 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 applicants 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007698
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150006052
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation...
ARMY | BCMR | CY2015 | 20150015662
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The SRP considered whether the provisions of VASRD section 4.129 were applicable for the unfitting MH condition.
ARMY | BCMR | CY2015 | 20150014152
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the disability evaluation system (DES). The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas....
ARMY | BCMR | CY2014 | 20140009137
The SRP recommends no change in the applicants unfitting condition diagnosis, and that the applicants prior separation be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) at 50 percent for a period of 6 months in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and then permanently separated by reason of physical disability with a final 80 percent rating. The SRP considered the...
ARMY | BCMR | CY2014 | 20140015747
The evidence of the available records shows diagnoses of PTSD and panic disorder without agoraphobia (MEB), and PTSD and alcohol abuse were rendered during processing through the Integrated DES process. The SRP must determine the most appropriate fit with VASRD section 4.130 criteria at the end of the TDRL interval for its permanent rating recommendation. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that at the final TDRL evaluation the...
ARMY | BCMR | CY2014 | 20140014492
The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of medical retirement. After due deliberation and the preponderance of evidence the SRP concluded that the evidence at the time of medical retirement is most accurately depicted by the 50 percent rating.
ARMY | BCMR | CY2014 | 20140014492
The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of medical retirement. After due deliberation and the preponderance of evidence the SRP concluded that the evidence at the time of medical retirement is most accurately depicted by the 50 percent rating.
ARMY | BCMR | CY2014 | 20140011252
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. After a comprehensive review of the applicant's case, the SRP by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140011252
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. After a comprehensive review of the applicant's case, the SRP by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140014913
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. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129...