IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20140009062
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 and separation determination at the time of his placement on the Temporary Disability Retired List (TDRL).
2. The SRP considered the appropriateness of changes in the MH diagnoses; the 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 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made.
3. The SRP noted that Post-Traumatic Stress Disorder (PTSD) had appeared as a diagnosis in the clinical record as early as October 2008. It was the primary diagnosis at the time of the applicants entry into the Disability Evaluation System (DES) and was adjudicated by the PEB. Since there had been no change in diagnosis to the applicants detriment during the course of his DES processing, the SRP concluded the applicants case did not meet the inclusion criteria for the Terms of Reference of the MH Special Review Project. The SRP later discussed the issue of application of VASRD Section 4.129.
4. The SRP concluded that since application of VASRD Section 4.129 would have required a minimum disability rating of 50 percent and placement on the TDRL, that the intent of that statute was met by the PEB in this case. The SRP then considered the disability rating at the time of the applicants placement on the TDRL. The SRP noted that the narrative summary (NARSUM) described significantly reduced reliability and productivity impairment for social and industrial adaptability which would align with a VASRD Section 4.130 rating of 50 percent while the Compensation and Pension (C&P) evaluation performed a month after the PEB had convened, described occasional decrease in work efficiency and intermittent inability to perform occupational tasks which was more consistent with a VASRD rating of 30 percent. There was insufficient evidence to support deficiencies in most areas, for a 70 percent rating.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient evidence to support a disability rating higher than the required 50 percent rating by application of VASRD Section 4.129 at the time of placement on the TDRL.
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) AR20140009062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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