BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013527
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 an 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 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 determined by unanimous vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of 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.
3. The MH diagnosis of Post-Traumatic Stress Disorder (PTSD) was not changed during processing through the Disability Evaluation System. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The PEB determined the PTSD to be unfitting and placed the applicant on the Temporary Disability Retired List (TDRL) with a 50 percent rating consistent with the provisions of VASRD section 4.129. The SRP examined whether the evidence at the time of separation and entry on TDRL supported a rating higher than the 50 percent rating adjudicated by the PEB.
4. The SRP did not find evidence for a higher rating of 70 percent without occupational and social impairment, with deficiencies in most areas such as work or social function. The SRP noted that examinations did not evidence symptoms such as impaired judgment, thinking, suicidal ideation, obsessional rituals, illogical speech, near continuous panic, periods of violence, spatial disorientation, or neglect of personal hygiene, that are indicated as supportive of the 70 percent rating. Therefore, the SRP concluded a 50 percent rating at TDRL entry was appropriate.
5. The SRP then considered its permanent rating recommendation at the time of removal from the TDRL. The TDRL MH examinations recorded similar symptoms to the Medical Evaluation Board and VA Compensation & Pension examinations proximate to the date of placement on TDRL. The TDRL psychiatrist concluded there was no change since placement on the TDRL. The SRP did not conclude that the evidence of the TDRL examinations supported a rating higher than the 50 percent adjudicated by the PEB.
6. After due deliberation, considering all of the evidence the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions.
7. The available evidence shows the SRP's 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 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) AR20140013527
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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