IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013568
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 states that an increase in her rating would result in an increase in her Department of Veterans Affairs compensation. Additionally, she does not feel she is capable of working.
4. 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 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 SRP considered that the applicant had been diagnosed with and was being treated for Post-Traumatic Stress Disorder (PTSD) beginning at the time of entry into the Disability Evaluation System (DES) and that the diagnosis continued to be recorded during the applicants processing through the Medical Evaluation Board (MEB) and PEB. The SRP determined that the diagnosis had not been changed; therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP noted that disability associated with any psychiatric condition, regardless of the diagnosis or multiple diagnoses, is subsumed under a single rating using the same criteria in accordance with VASRD section 4.130. Therefore, the rating for PTSD includes any social and occupational impairment that may be due to the service treatment record recorded diagnosis of depression. The SRP members agreed that the provisions of VASRD section 4.129 were applicable in this case and that the PEBs action of TDRL placement under VASRD section 4.130 criteria with application of VASRD section 4.129 was accurate in this case.
5. The SRP also considered if there was evidence for a VASRD section 4.130 rating higher than the PEBs 50 percent at time of the applicant's TDRL entry. The SRP agreed that near the time of the applicant's TDRL entrance the preponderance of evidence did not support a rating higher than 50 percent. The SRP then considered if there was evidence for a VASRD section 4.130 rating higher than the 30 percent permanent rating adjudicated by the PEB at TDRL termination. The SRP agreed that the record in evidence best supported the PEBs 30 percent rating for permanent retirement and there was insufficient evidence for recommending a higher rating.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the diagnosis of PTSD with application of VASRD section 4.129 minimum rating of 50 percent at TDRL entry and a 30 percent permanent impairment rating was appropriate.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013568
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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