BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20140007728
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 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 a disability rating recommendation in accordance with VASRD, section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System. The available evidence of record shows a diagnosis of anxiety disorder and cognitive disorder due to a traumatic brain injury (TBI). The SRP agreed there was no change in that diagnosis. Therefore, the applicant did not meet the inclusion criteria in the MH review project terms of reference.
4. The SRP considered if a higher rating should have been granted at Temporary Disability Retired List (TDRL) entry. The SRP agreed the evidence would not support that recommendation. The SRP noted an informal reconsideration physical evaluation board (PEB) convened 7 months after the applicant's TDRL entry.
5. The SRP considered the informal reconsideration PEB's adjudication of the newly-rated TBI condition and concluded the applicant's subjective complaints along with the neuropsychiatric testing results supported the 40-percent rating for TBI. Additionally, a subsequent PEB convened 30 months after the applicant's TDRL entry and removed the applicant from the TDRL with a permanent
40-percent disability rating.
6. The SRP reviewed the evidence and agreed that although no interval neuropsychiatric testing was performed during the TDRL period, the 40-percent rating was supported by the previously documented evidence. At TDRL exit, the PEB adjudicated the anxiety disorder was "resolved and no longer unfitting" and there was no preponderance of evidence to serve as a basis for a different recommendation by the SRP.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions.
8. 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) AR20140007728
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015772
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 next considered if there was evidence in the record to support a recommendation of a diagnosis of PTSD, or any other MH condition, for disability rating at TDRL entry. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded...
ARMY | BCMR | CY2014 | 20140009138
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. The SRP found no comprehensive post-separation evidence in the records provided proximal to the date of the applicant's separation for a more detailed rating...
ARMY | BCMR | CY2014 | 20140013569
Application for correction of military records (with supporting documents provided, if any). 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 SRP reviewed the evidence and agreed that the applicant did not meet the Criteria A stressor for PTSD; however, because the PEB adjudicated the PTSD condition as unfitting, the SRP reviewed the entire record...
ARMY | BCMR | CY2014 | 20140013569
Application for correction of military records (with supporting documents provided, if any). 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 SRP reviewed the evidence and agreed that the applicant did not meet the Criteria A stressor for PTSD; however, because the PEB adjudicated the PTSD condition as unfitting, the SRP reviewed the entire record...
ARMY | BCMR | CY2014 | 20140018934
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 noted that the preponderance of the evidence does not support a change of the diagnosis to PTSD at TDRL entry.
ARMY | BCMR | CY2015 | 20150003882
The SRP recommended no change to the physical evaluation board (PEB) adjudication of the permanent retirement rating of 30 percent for the unfitting mental health condition. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Integrated Disability Evaluation System (IDES). The SRP noted that the PEB assigned a disability rating of 30 percent without application of VASRD Section 4.129 (Mental...
ARMY | BCMR | CY2014 | 20140013555
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 considered whether the evidence of record supported ratings for the unfitting MH condition at TDRL entry and TDRL exit that were higher than those...
ARMY | BCMR | CY2014 | 20140000257
After a comprehensive review of the applicant's case, the SRP determined by a vote of 2 to 1 that the applicant's unfitting condition diagnosis should be changed to post-traumatic stress disorder (PTSD) and that his permanent retirement should be modified to reflect a permanent 30-percent rating for his PTSD with a combined rating of 80 percent. The SRP considered the appropriateness of changes in the MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting,...
ARMY | BCMR | CY2015 | 20150005736
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The evidence of the available records showed the diagnoses of mood disorder secondary to traumatic brain injury (TBI), cognitive disorder not otherwise specified (NOS) and depression, atypical psychosis and chronic PTSD were rendered during processing through the DES. After due deliberation in consideration of the preponderance of the evidence and mindful of VASRD section...
ARMY | BCMR | CY2014 | 20140013439
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health 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 military Disability Evaluation System (DES). After due deliberation in consideration of the preponderance of the evidence, and in the...