IN THE CASE OF:
BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140011036
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 also states that he was told multiple times that he did not have Post-Traumatic Stress Disorder (PTSD), even though he has a battery of symptoms and that one does not fail to adjust after years of combat.
4. 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 or removal determination.
2. The SRP reviewed the records for evidence and did not find evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System. The evidence of the available records showed a diagnosis that PTSD was rendered and unchanged, along with a diagnosis of adjustment disorder with mixed anxious and depressed mood, chronic. Therefore, the applicant did not meet the inclusion criteria of the MH Review Terms of Reference.
3. The SRP noted that the Physical Evaluation Board (PEB) appropriately applied Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 to the PTSD condition, coded 9411 and rated at 50 percent upon placement on the TDRL.
4. The SRP reviewed the entire record for evidence that a higher rating should have been granted at TDRL entrance. The SRP agreed that the applicant did not meet the rating criteria for the next higher rating at entry onto the TDRL. Additionally, at TDRL removal, the PEB applied VASRD section 4.130 for rating the PTSD condition and rated the applicant at 50 percent. The SRP did not find evidence that the symptoms worsened while on the TDRL, or approached a higher rating.
5. After due deliberation in consideration of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEBs rating for the applicants MH conditions. The SRP also noted that the PTSD rating by the PEB subsumed the anxiety and depressive symptoms.
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) AR20140011036
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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