BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013536
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 applicant's MH diagnoses, Physical Evaluation Board (PEB) fitness determination, and a disability rating recommendation in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130.
3. The SRP reviewed the records for evidence of changes or elimination of a diagnosis of the MH condition to the applicants possible disadvantage during processing through the Disability Evaluation System process and found none. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that the applicant was given the diagnosis of Post-Traumatic Stress Disorder (PTSD) with appropriate applications of VASRD section 4.129 and VASRD section 4.130. The SRP also noted the applicant was placed on the Temporary Disability Retired List (TDRL) with a disability rating of 70 percent for PTSD.
5. The SRP reviewed the evidence of the record to determine if a higher rating of 100 percent under code 9411 in accordance with VASRD section 4.130 was supported for the MH condition. This rating requires 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.
6. The SRP unanimously agreed that the applicant had significant MH issues but that the totality of the evidence did not support the 100 percent rating at TDRL entry based on the findings of normal behavior, speech and thought processes and orientation on proximate examinations. The SRP noted the applicant received a permanent disability rating of 50 percent at TDRL exit. The SRP reviewed the evidence to determine if a rating higher than 50 percent was supported. The SRP agreed the preponderance of evidence did not support the occupational and social impairment required for the 70 percent rating.
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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ABCMR Record of Proceedings (cont) AR20140013536
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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