IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010714
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. Additionally, the applicant states a diagnosis of anxiety disorder and major depressive disorder was eliminated from consideration.
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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The MH diagnosis of Post-Traumatic Stress Disorder (PTSD) was not changed to the applicants disadvantage during processing through the DES. Therefore, the applicant does not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The Physical Evaluation Board (PEB) determined the PTSD condition was unfitting, and applied the Department of Veterans Affairs Schedule for Rating Disabilities section 4.129 and placed the applicant on the Temporary Disability Retired List (TDRL) with a 50 percent disability rating. At the time of permanent disability disposition and removal from the TDRL, the PEB rated the applicant's PTSD at 50 percent.
4. The SRP considered whether the evidence of record supported ratings for the unfitting MH condition upon TDRL entry and TDRL exit that were higher than those adjudicated by the PEB. The SRP concluded that there was not sufficient evidence to support a higher rating than the 50 percent at the time of the applicant's entry onto the TDRL. Additionally, the SRP agreed that at the time of the applicant's permanent retirement, the TDRL re-evaluation most nearly approximated a rating of 50 percent and therefore did not support a higher rating.
5. After due deliberation in consideration of the totality of the evidence the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions.
6. 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) AR20140010714
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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