IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010687
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 Temporary Disability Retired List (TDRL) entry disability determination for his MH condition.
2. The SRP noted the available evidence of record shows a diagnosis of post-traumatic stress disorder (PTSD) was rendered by both the narrative summary examiner, and the Department of Veterans Affairs (VA) Compensation and Pension (C&P) examiner. The SRP concluded that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not meet the inclusion criteria in the terms of reference of the MH review project.
3. The SRP agreed the records adequately supported the diagnosis of PTSD and application of the VA Schedule for Rating Disabilities (VASRD), section 4.129, as adjudicated by the physical evaluation board (PEB). The SRP deliberated if there was evidence for a higher VASRD, section 4.130, rating than the mandatory 50-percent rating under VASRD, section 4.129, at the time of the applicant's placement on the TDRL.
4. The SRP also noted the available evidence of record shows there were no visits to the emergency room for MH treatment, no psychiatric hospitalization, no legal issues or incidents of domestic violence, and no impairment in his thinking. The absence of any threshold symptoms of the next higher 70-percent rating, impaired impulse control, special disorientation, obsessional rituals, and neglect of personal appearance and hygiene was noted by the SRP.
5. The SRP agreed the 70-percent rating criteria for occupational and social impairment with deficiencies in most areas (such as work, school, family relations, judgment, thinking, or mood) was not reflected in the evidence and, therefore, a rating higher than 50 percent was not supported at the time of the applicant's TDRL entry.
6. 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 at TDRL entry.
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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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