BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013552
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 Physical Evaluation Boards (PEB) Temporary Disability Retired List (TDRL) entry determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only MH diagnosis rendered during processing through the DES. The SRP agreed there were no changes in diagnoses. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that PEB adjudication of unfitting PTSD was supported by the evidence. 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 time of placement on the TDRL. The SRP acknowledged the remote VA examination that indicated worsening of symptoms and hospitalization; however, this was beyond the defined TDRL entry period, a year later, and the rating remained at 50 percent.
4. The SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient evidence for recommending a 70 percent TDRL entry rating. Additionally, there was no evidence of TDRL removal at the time of SRP consideration.
5. 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013552
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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 | 20140010714
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. 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).
ARMY | BCMR | CY2014 | 20140011252
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. After a comprehensive review of the applicant's case, the SRP by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140011252
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. After a comprehensive review of the applicant's case, the SRP by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140014425
The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The SRP discussed the differences in examinations and considered whether a rating higher than the 30 percent adjudicated by the PEB was supported by the evidence. After due deliberation and considering all of the evidence the SRP concluded that there was insufficient evidence to recommend a change in...
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 | 20140015746
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 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 further concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of...
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 | 20140013550
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 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 reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military...