IN THE CASE OF:
BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140011034
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 determination.
2. The SRP determined 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 noted that all Disability Evaluation System documentation agrees that the applicant had Post-Traumatic Stress Disorder (PTSD). The Physical Evaluation Boards (PEB) adjudication appropriately applied Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129, granting a TDRL entry rating of not less than 50 percent in accordance with the Office of the Under Secretary of Defense memorandum dated 17 July 2009.
4. The SRP reviewed the entire record for evidence that a higher rating should have been granted at TDRL entrance. It was noted that the VA also granted a 50 percent evaluation based on the findings documented in the VA Compensation and Pension exams completed proximate to TDRL entrance.
5. The SRP noted that the applicant was evaluated for Traumatic Brain Injury which was determined not to be a significant cause of his disability. The SRP agreed that the applicant did not meet the rating criteria for the next higher rating at entry onto the TDRL and that the PEB appropriately applied VASRD section 4.129 with a disability rating of 50 percent for PTSD condition.
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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140011034
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015295
After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that the applicants unfitting anxiety disorder condition diagnosis should be changed to Post-Traumatic Stress Disorder (PTSD); that his records should be corrected to reflect he was placed on the Temporary Disability Retired List (TDRL) with a disability rating of 50 percent for the PTSD condition, with a combined disability rating of 80 percent; and he should receive a permanent disability rating of...
ARMY | BCMR | CY2014 | 20140013568
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. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were...
ARMY | BCMR | CY2015 | 20150014152
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the disability evaluation system (DES). The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas....
ARMY | BCMR | CY2014 | 20140009137
The SRP recommends no change in the applicants unfitting condition diagnosis, and that the applicants prior separation be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) at 50 percent for a period of 6 months in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and then permanently separated by reason of physical disability with a final 80 percent rating. The SRP considered the...
ARMY | BCMR | CY2014 | 20140002867
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD...
ARMY | BCMR | CY2014 | 20140014913
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129...
ARMY | BCMR | CY2014 | 20140007367
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP determined that a mental health diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation.
ARMY | BCMR | CY2014 | 20140013528
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. 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. The SRP agreed that the Physical Evaluation Boards (PEB)...
ARMY | BCMR | CY2014 | 20140001273
The applicant requests a review of the military disability evaluation pertaining to a mental health condition. The SRP adjudged that there was not a preponderance of the evidence to support a change of diagnosis to PTSD at TDRL entry. As a result, the Board recommends denial of the application that pertains to any change in the applicant's MH diagnoses and change in the applicant's MH permanent disability rating.
ARMY | BCMR | CY2014 | 20140008951
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. 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). Therefore, the SRP agreed that near the time of TDRL entrance, the preponderance of evidence did...