IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013482
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 disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board fitness determination; and if unfitting, 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 noted the evidence of the available records did contain the diagnosis of post-concussion syndrome and depression that was upgraded to post-traumatic stress disorder (PTSD) prior to the initiation of the Disability Evaluation System process and remained so until adjudication. 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 that the provisions of VASRD Section 4.129 were applicable in the applicants case, noting the association with combat experiences. The SRP then considered if there was evidence for a Temporary Disability Retired List (TDRL) entry at a rating higher than the minimum 50 percent for 6 months under VASRD Section 4.129. The higher 70 percent rating was for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood due to such symptoms. Near the time of TDRL entry, there were no recorded continuous panic attacks that affected his ability to function independently supported by a moderate impairment to occupational and social adaptability. Additionally, there were no reported suicidal ideations or altered impulse control linked towards direct physical aggression.
5. After due deliberation in consideration of the preponderance of the evidence, and in accordance with the DOD policy, the SRP concluded that VASRD Section 4.129 applied to the rating of the applicants PTSD condition and supported no greater than the required 50 percent rating at the time of TDRL entry.
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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013482
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002867
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. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD...
ARMY | BCMR | CY2014 | 20140009137
The SRP recommends no change in the applicants unfitting condition diagnosis, and that the applicants prior separation be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) at 50 percent for a period of 6 months in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and then permanently separated by reason of physical disability with a final 80 percent rating. The SRP considered the...
ARMY | BCMR | CY2014 | 20140014913
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. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129...
ARMY | BCMR | CY2014 | 20140010890
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. The SRP considered the appropriateness of changes in the MH diagnoses, Physical Evaluation Board (PEB) fitness determination, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and whether a...
ARMY | BCMR | CY2014 | 20140011160
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. After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that there should be no change in the applicants unfitting condition diagnosis and his prior determination be modified as follows: Temporary Disability Retirement (TDRL) at 50...
ARMY | BCMR | CY2014 | 20140011597
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. 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...
ARMY | BCMR | CY2014 | 20140001273
The applicant requests a review of the military disability evaluation pertaining to a mental health condition. The SRP adjudged that there was not a preponderance of the evidence to support a change of diagnosis to PTSD at TDRL entry. As a result, the Board recommends denial of the application that pertains to any change in the applicant's MH diagnoses and change in the applicant's MH permanent disability rating.
ARMY | BCMR | CY2014 | 20140015747
The evidence of the available records shows diagnoses of PTSD and panic disorder without agoraphobia (MEB), and PTSD and alcohol abuse were rendered during processing through the Integrated DES process. The SRP must determine the most appropriate fit with VASRD section 4.130 criteria at the end of the TDRL interval for its permanent rating recommendation. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that at the final TDRL evaluation the...
ARMY | BCMR | CY2014 | 20140009095
There was no evidence in the record of recurrent suicidal behaviors, no recorded visits to the emergency room for MH treatment, no recurrent psychiatric hospitalizations and no impairment in thinking or judgment at the time of separation. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the application of VASRD Section 4.129 was applicable in this case with a 50 percent disability rating. UNFITTING CONDITION VASRD CODE TDRL...
ARMY | BCMR | CY2014 | 20140007367
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP determined that a mental health diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation.