BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010716
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 disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System. The SRP determined that the MH diagnosis was not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP furthermore concluded that sufficient evidence supports that a highly stressful event severe enough to bring about the applicants release from active military service did occur and that the application of VASRD section 4.129 by the Physical Evaluation Board (PEB) was appropriate in this case.
5. The SRP directs attention to its rating recommendation based on the evidence. At the time of the applicants Temporary Disability Retired List (TDRL) entry the PEB assigned a 70 percent rating for Post-Traumatic Stress Disorder (PTSD), while the VA subsumed a depressive disorder condition in its 50 percent rating of PTSD. The SRP notes that the disability associated with all psychiatric conditions, regardless of the diagnosis, is subsumed under a single rating using the same criteria in accordance with VASRD section 4.130. Therefore, the presence of a second psychiatric diagnosis does not affect a rating recommendation from the SRP.
6. The SRP deliberated if there was evidence for a rating higher than 70 percent at the time the applicant was placed on the TDRL. The SRP members agreed that total occupational and social impairment was not described by the evidence, and therefore concluded that a rating higher than 70 percent at the time of placement on TDRL was not supported.
7. The SRP next reviewed the rating recommendation at the time the applicant was removed from the TDRL. The PEB quoted the VASRD section 4.130 criteria in assignment of a 50 percent rating. The SRP members considered if a rating higher than 50 percent was justified. Ultimately, the SRP concluded that the evidence is not consistent with the deficiencies in most areas stipulation of the 70 percent rating. Therefore, a 70 percent rating at the time of removal from TDRL was not supported; the condition was most accurately described by the 50 percent rating.
8. After due deliberation, considering all of the evidence the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD condition.
9. 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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ABCMR Record of Proceedings (cont) AR20140010716
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