BOARD DATE: 9 July 2014
DOCKET NUMBER: AR20140009138
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 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 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. The SRP recommends that the applicants unfitting condition diagnosis be changed to Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD), and that the applicants prior separation be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) at 70 percent for a period of 6 months and then a permanent combined 70 percent disability retirement.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses, whether the provisions of 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 the Medical Evaluation Board (MEB) psychiatry addendum diagnosed anxiety disorder, not otherwise specified. The MEB referred anxiety disorder with chronic stuttering as not meeting retention standards to the Physical Evaluation Board (PEB). The PEB adjudicated cognitive disorder from mild TBI with comorbid anxiety disorder compounded by grief.
4. The SRP noted that the DD Form 2808 (Report of Medical Examination) lists PTSD at the beginning of the applicant's Disability Evaluation System process and the neuropsychological MEB evaluation also listed PTSD. Since that diagnosis does not appear on either the MEB or PEB, the SRP concluded that the applicant met the inclusion criteria of the Terms of Reference of the MH Review Project.
5. The SRP agreed the applicant fully met the criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis. The SRP considered whether the provisions of VASRD section 4.129 were applicable for the applicant's unfitting MH conditions.
6. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of placement on the constructive TDRL period. The SRP determined these limitations were above the level of reduced reliability and productivity, and that these major impairments caused severe deficits in most areas, thus meeting the 70 percent rating criteria.
7. The SRP next considered the VASRD section 4.130 rating recommendation at the time of the applicant's removal from the period of constructive TDRL. 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 discussion.
8. The SRP had lengthy deliberations and found the evidence for the overall picture of disability remained unchanged after returning to civilian life and did not support a higher rating at the time of constructive TDRL removal. The SRP thus agreed to continue the 70 percent rating at the time of the applicant's constructive TDRL removal.
9. The available evidence shows the SRP's 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 record to reflect that his unfitting condition diagnosis be changed to TBI and PTSD, and that his prior separation be modified to reflect
that he was placed on the TDRL at 70 percent for a period of 6 months and then a permanent combined 70 percent disability retirement as reflected below.
UNFITTING CONDITION
VASRD
CODE
TDRL RATING
PERMANENT
RATING
Traumatic Brain Injury and Post-Traumatic Stress Disorder
8045-9411
70%
70%
COMBINED
70%
70%
_______ _ 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) AR20140009138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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