IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013444
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health condition during processing through the military disability system.
2. The Department of Defense 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 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 applicant's disability rating at the time of Temporary Disability Retired List (TDRL) entry.
2. The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. 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 appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted multiple and different diagnoses throughout the service record all obfuscated by inconsistencies in the record and reports and possible medication abuse. After a complete analysis the SRP agreed that the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, (DSM IV) criteria for
the diagnosis of Post-Traumatic Stress Disorder (PTSD) were not met, especially for Criteria A (evidence of stressor), B (reexperiencing the event), and D (hyper-arousal). The SRP considered whether the provisions of VASRD Section 4.129 were met and the VASRD Section 4.130 rating at TDRL entry.
4. The SRP concluded that the PEB applied VASRD Section 4.129 (mental disorders due to a highly-stressful event). The PEB awarded the 50 percent rating recommended by the VA, in accordance with the Integrated Disability Evaluation Program. The SRP undertook to ascertain if a higher rating than 50 percent was achievable at TDRL entry.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously agreed that, based on both VA and Compensation and Pension MH exams, the occupational and social impairments required for the higher rating were not met.
6. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013444
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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