IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013479
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 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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants temporary disability determination at 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 a disability rating recommendation in accordance with VASRD Section 4.130.
3. The SRP reviewed the records for evidence of changes or elimination of diagnosis of the MH condition to the applicants possible disadvantage during processing through the Integrated Disability Evaluation System (IDES) pilot program and found none. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed with the diagnosis of post-traumatic stress disorder, the applications of VASRD Section 4.129 and VASRD Section 4.130 were appropriate; and that, no diagnostic variance occurred between the PEB and the VA proceedings. The PEB awarded the 70 percent rating recommended by the VA, in accordance with the IDES program. The SRP then under took to determine if a 100 percent rating, the next higher rating under code 9411, in accordance with VASRD Section 4.130, was supported by the record in evidence for the MH condition. This rating required total occupational and social impairment with gross impairment in thought processes and communication, gross inappropriate behavior, disorientation to time and place with memory loss, persistent hallucinations and delusions, and persistent danger of hurting self or others.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously agreed that, based on VASRD Section 4.3 (reasonable doubt) and the narrative summary and Compensation and Pension MH examinations, the occupational and social impairments required for the higher rating were not met. At the time of this advisory, the applicant remained on TDRL with permanent separation rating to be determined.
6. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______________________
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) AR20140013479
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