IN THE CASE OF: 

		BOARD DATE:	  30 July 2014

		DOCKET NUMBER:  AR20140011160 


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 a 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 in order 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 recommended  by unanimous vote that there should be no change in the applicant’s unfitting condition diagnosis and his prior determination be modified as follows:  Temporary Disability Retirement (TDRL) at 50 percent for 6 months (and no change for the non-MH conditions as rated by the physical evaluation board (PEB) going on the TDRL) for a combined 80 percent disability rating following the applicant’s prior medical separation and later a permanent 70 percent rating for the Post-Traumatic Stress Disorder (PTSD) (and no change for the non-MH conditions as rated by the PEB coming off TDRL) for a combined permanent 90 percent disability retirement.

2.  The SRP considered the appropriateness of changes in the applicant's MH diagnoses, PEB fitness determination; and if unfitting, whether the provisions of the 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 MH condition during the applicant processing through the Disability Evaluation System (DES).  Although the MH diagnoses varied throughout the service treatment records to include conversion disorder, anxiety disorder, depression and PTSD, the SRP determined that the MH diagnosis was not changed to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.

4.  The SRP first agreed that the provisions of VASRD Section 4.129 were applicable in this case, noting the direct association with combat experiences as evidenced by the combat infantryman badge and a purple heart.  The SRP later considered if there was evidence for TDRL entry at a rating higher than the minimum 50 percent for 6 months under VASRD Section 4.129.   

5.  The SRP determined that at 2 weeks prior to TDRL entry, the Department of Veterans Affairs (VA) Compensation and Pension examination most reasonably reflected the applicant’s disability at the time of service separation.  The SRP consensus was that upon TDRL entry there was no recorded near-continuous panic or depression affecting the applicant’s independent functional ability, no suicide ideation, no impairment in judgment and no physical aggression towards others that would allow for a higher 70 percent rating. 

6.  The SRP considered and agreed that the record in evidence best supported a 50 percent rating for TDRL entry under VASRD Section 4.129 and there was insufficient reasonable doubt for recommending a 70 percent TDRL entry rating.

7.  The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than the 70 percent permanent rating adjudicated by the PEB at TDRL termination.  The 100 percent rating clearly denoted "total" occupational and social impairment, which was not applicable in the applicant’s case.  The applicant’s post-hospitalization clinic follow-up specifically noted "deficiencies in ‘most’ areas within the social and occupational arena; which was not synonymous with ‘total’ impairment."  The SRP agreed that the intensity or degree of the applicant’s symptomatic characteristics near the time of TDRL exit did not rise in greater totality to meet the 100 percent rating level. 

8.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was evidence to support an unfit determination for the PTSD condition with placement on TDRL with a 50 percent rating in accordance with VASRD Section4.129 and a permanent disability rating of 70 percent in accordance with VASRD 4.130.

9.  The available evidence shows the SRP’s assessment should be accepted.  

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 his prior determination to reflect TDRL at 50 percent for 6 months for a combined 80 percent disability rating following the applicant’s prior medical separation and later a permanent 70 percent rating for the PTSD for a combined permanent 90 percent disability retirement.



      __________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)                                  AR20140011160



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