IN THE CASE OF

		BOARD DATE:	    6 August 2014

		DOCKET NUMBER:  AR20140011597 


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 mental health 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 recommends by unanimous vote that there should be no change in her unfitting condition diagnosis; that her prior determination be modified to reflect Temporary Disability Retired List (TDRL) at 50 percent for 6 months, following her prior medical separation (Post-Traumatic Stress Disorder (PTSD) at minimum of 50 percent in accordance with the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) Section 4.129 and DOD Directive); followed by a permanent combined 50 percent disability retirement.

2.  The SRP considered the appropriateness of changes in the applicant's MH diagnoses; the physical evaluation board (PEB) fitness determination; whether the provisions of VASRD Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130 for both TDRL entry and exit.  

3.  The SRP noted the applicant was initially diagnosed with depression and anxiety, but this diagnosis was changed to PTSD prior to entry into the Disability Evaluation System (DES) process and over 8 months prior to placement on the TDRL.  This diagnosis was continued throughout the remainder of her enlistment, TDRL exit and by the VA.  The medical evaluation board (MEB) forwarded the MH diagnosis of chronic PTSD to the PEB for adjudication.  The PEB adjudicated the applicant for the same diagnosis at TDRL entry and exit.  The MH diagnosis was not changed during processing through the DES and therefore, the applicant’s case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

4.  The SRP noted the PEB determined the PTSD condition was unfit, but did not apply VASRD Section 4.129 which mandated that the individual be placed on TDRL for a minimum of 6 months at a 50 percent rating.  The applicant was placed on the TDRL, but she was rated at 30 percent.  

5.  The SRP considered if the applicant met the requirements for a rating higher than 50 percent under VASRD Section 4.130.  Prior to TDRL entry, the commander recommended retention.  She had been working a second job until her permission for off duty employment was denied.  The applicant endorsed improved symptoms on medications. However, her supervisor submitted a memorandum several months prior to TDRL entry documenting worsening performance over the prior 6 months.  The VA examination was over 5 months after TDRL entry.  It noted that she was unemployed, but that the applicant did not attribute this to the PTSD condition. 

6.  The SRP noted that there was a general worsening trend in her symptoms over the 12-month period which bracketed TDRL entry.  The SRP considered the criteria for 70 percent rating, but determined that the level of function thought to be present at separation did not exceed the description for a 50 percent rating, occupational and social impairment with reduced reliability and productivity.

7.  The SRP noted that at the time of permanent disability disposition and removal from the TDRL, the PEB rated the applicant's PTSD condition at 50 percent.  The SRP considered whether the evidence of record supported ratings for the unfitting MH condition at TDRL exit that were higher than those adjudicated by the PEB.  The SRP also noted that she was in nursing school, working part time, had a good relationship with her son and had been dating someone for 4 months and that the relationship was going well. 

8.  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 description for a 50 percent rating.

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 the applicant’s prior temporary and permanent determinations as indicated below:

UNFITTING CONDITION		
VASRD CODE
 
TDRL       RATING             
PERMANENT
RATING
Post-Traumatic Stress Disorder
9411
50%
50%

COMBINED
50%
50%





      _______ _   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)                                  AR20140011597



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