BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140011164
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 applicants 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 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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants disability and separation determination.
2. The SRP considered the appropriateness of the changes in the applicant's MH diagnoses and a disability rating recommendation in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130.
3. The SRP noted that the medical evaluation board (MEB) forwarded the MH diagnoses of chronic Post-Traumatic Stress Disorder (PTSD) to the physical evaluation board (PEB) for adjudication. The PEB adjudicated the applicant for the diagnosis of PTSD at Temporary Disability Retired List (TDRL) entry and at TDRL exit. The Department of Veterans Affairs (VA) also adjudicated PTSD. 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.
4. The SRP noted the PEB did apply VASRD Section 4.129 and the applicant was on TDRL for more than the minimum 6 months directed by DOD policy and DOD Instruction 1332.38.
5. The SRP also considered the appropriate rating in accordance with VASRD Section 4.130 for TDRL entry and exit. It noted that the PEB adjudicated a rating of 70 percent for entry and 30 percent for exit, the former in accordance with the VA recommendation. The description used at both examinations proximate to entry and the sole examination at exit was consistently for a 30 percent level. The performance of the applicant was lauded by his supervisor months prior to TDRL entry. The applicant stated that after TDRL entry, he was working as a prison guard. He enjoyed his job, performed well, and did not miss work. He continued to have long standing marital issues, but these were not attributed to the PTSD condition.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP determined that the level of disability in evidence did not exceed the 70 percent rating adjudicated at TDRL entry or the 30 percent rating determined at TDRL exit.
7. The available evidence shows the SRPs 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 that 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) AR20140011164
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