BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20140008911
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants disability determination for Temporary Disability Retired List (TDRL) entry.
2. The SRP considered the appropriateness of changes in the MH diagnoses;
the physical evaluation board (PEB) fitness determination; whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made.
3. The SRP noted the PEB adjudicated the applicant for the diagnosis of Post-Traumatic Stress Disorder (PTSD) with psychotic disorder at TDRL entry. The SRP determined that while the diagnosis changed during the Disability Evaluation System (DES) process, the severity of the diagnosis increased and that this did not reduce the level of disability awarded. The SRP also determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. As already noted, the PEB did apply VASRD Section 4.129 and the applicant was on the TDRL for more than the minimum 6 months directed by Department of Defense Instruction (DoDI) 1332.38.
4. The SRP later considered if a rating higher than the 50 percent adjudicated by the PEB was warranted. The description of the 70 percent level of disability was "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood." While he had marital issues, these were long standing. He reported a good working relationship with co-workers, but some irritability with subordinates. His Saint Louis University Mental Status (SLUMS) score was thought by the SRP to be at his baseline.
Independent psychiatrist review of the entirety of the record concluded that the preponderance of the evidence supported the 50 percent disability level at TDRL entry. There was no indication of TDRL removal.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the evidence available for review did not support a disability rating higher than the 50 percent adjudicated by the PEB for TDRL entry.
6. The available evidence shows the SRPs 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 that 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) AR20140008911
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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