BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013487
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 applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the DES. The SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered if there was evidence for a Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130 rating higher than 50 percent at the time of Temporary Disability Retired List (TDRL) entry. The higher 70 percent rating was for Occupational and social impairment, with deficiencies in most areas. There was no evidence in the record of recurrent suicidal behaviors, no visits to the emergency room for MH treatment, no recurrent psychiatric hospitalizations, and no impairment in judgment. The SRP concluded the record in evidence did not support a higher than 50 percent rating at TDRL entry and there was insufficient reasonable doubt for recommending a
70 percent TDRL entry rating.
4. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant continued to meet the diagnostic criteria for PTSD. He remained symptomatic but had worked for 7 months in his pre-deployment job and had actively searched for work. There was no reported history of suicidal or homicidal thoughts, plan, intent, or attempts at any time.
There was no indication of a pattern of alcohol abuse. There was no report of legal problems. There was no report of domestic violence or violence outside of the home. His mental status evaluation recorded no impairment in judgment, no evidence of psychosis and no issues in orientation or hygiene. Symptoms had stabilized with no hospitalizations and no recorded visits to the emergency room for mental health issues. His symptoms reflected the criteria for the 30 percent disability rating.
5. 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 applicants mental health conditions.
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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ABCMR Record of Proceedings (cont) AR20140013487
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