IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011252
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 by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) section 4.129 for the applicant's unfitting anxiety disorder not otherwise specified (NOS) condition (combined rating of 60 percent).
2. The SRP further recommends no change in the Physical Evaluation Board's (PEB) prior permanent retirement adjudication of 30 percent for the Post-Traumatic Stress Disorder (PTSD) diagnosis.
3. 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 evidence of the available records show the diagnosis of anxiety disorder, NOS as the only diagnosis rendered during processing through the DES.
4. The SRP acknowledged the VA Compensation & Pension evaluation three months after placement onto the TDRL, that the applicant reported symptoms met DSM-IV diagnostic criteria for Post-Traumatic Stress Disorder (PTSD); however, clinical documentation throughout the clinical record provided no indication that PTSD diagnostic criteria were ever met. The SRP noted that there was no evidence in the treatment records that the applicant was ever diagnosed with PTSD at any time prior to or doing the DES process.
5. The SRP acknowledged the VA's examiner assessment; however, concurred with the Medical Evaluation Board findings of anxiety disorder, NOS. The SRP agreed there were no inappropriate changes in diagnoses. Therefore, determined that the MH diagnoses were not changed to the applicant's possible disadvantage in the disability evaluation and the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
6. The SRP agreed that the PEB adjudication of unfitting anxiety disorder, NOS was supported by the evidence; however, concluded, although, there was no documented evidence to support a diagnosis of PTSD prior to TDRL entry, the condition of anxiety disorder, NOS was the appropriate diagnosis. The SRP majority determined that the provisions of VASRD section 4.129 were applicable in this case and therefore in compliance with these provisions; and therefore, must assign a disability rating of not less than 50 percent for an initial period of 6 months following separation, with subsequent fitness and ratings based on the applicable evidence.
7. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent. There was no evidence in the record of recurrent suicidal behaviors, no frequent visits to the emergency room for MH treatment, no recurrent psychiatric hospitalizations, and no impairment in thinking or judgment. The SRP agreed the record in evidence did not support a higher than rating at TDRL entry.
8. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant met full diagnostic criteria for PTSD. His symptoms reflected the criteria for the 30 percent disability rating. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant's permanent retirement rating of 30 percent for the MH condition.
9. 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 Board determined by majority vote that the evidence presented was sufficient to warrant a recommendation for a 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 to reflect a TDRL rating of 50
percent in accordance with VASRD section 4.129 for the applicants unfitting anxiety disorder NOS condition (combined rating of 60 percent). The SRP further recommends no change in the PEBs prior permanent retirement adjudication of 30 percent for the PTSD diagnosis.
_______ _ __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) AR20140011252
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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