BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140010863
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. He requests correction of his records to show symptoms of insomnia, Traumatic Brain Injury (TBI), Post-Traumatic Stress Disorder (PTSD), depression, chronic migraines, lower back injury, anxiety disorder, and memory lapse.
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. He further states that some diagnoses were categorized with other diagnosis.
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 recommends by majority vote, in the matter of the PTSD condition, a permanent disability rating of 50 percent in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130, with a combined disability rating of 70 percent, rather than 50 percent.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses, and a disability rating recommendation in accordance with VASRD section 4.130. The SRP determined that no MH diagnoses were changed to the applicants possible disadvantage in the disability evaluation process. The narrative summary (NARSUM) identified PTSD and depressive disorder, not otherwise specified (NOS). The NARSUM listed the same PTSD and depressive disorder. The Informal Physical Evaluation Board (IPEB) to Temporary Disability Retired List listed the same PTSD with elements of depression and depressive disorder. The final TDRL IPEB listed the same PTSD with elements of depression. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP concluded that the PTSD condition was rated under VARSD section 4.130 general rating scheduled for MH disorders and as such, this encompasses all MH conditions within standard functional descriptors for rating purposes and therefore a separate rating for depressive disorder (NOS) could not be assigned.
4. The SRP also considered if there was evidence for a §4.130 rating higher than 50 percent at time of placement on the TDRL. The SRP did not find evidence of symptoms for a higher rating of 50 percent at the time of placement on the TDRL. The SRP then deliberated on the final PEB TDRL rating of 30 percent, which was 26 months later and found that the condition was consistent with a higher 50 percent rating with evidence of occupational and social impairment with reduced reliability and productivity.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP majority consensus was that the scope of threshold indicators for the higher rating were not met and the applicants MH disability at the time of his removal from the TDRL was best described by the 50 percent rating criteria under the general rating formula for mental disorders.
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 in the matter of PTSD condition to reflect a permanent disability rating of 50 percent, with a combined disability rating of 70 percent, rather than 50 percent.
_________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 ca
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) AR20140010863
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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