BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014263
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 rating at entrance or removal from the Temporary Disability Retired List (TDRL) due to his mental health condition
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 a diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered and the SRP agreed there was no change in that diagnosis. Therefore, the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The physical evaluation boards (PEBs) adjudication appropriately applied the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and granted a TDRL entry rating of 50 percent for the PTSD with major depression condition. The SRP reviewed the entire record for evidence that a rating greater that 50 percent should have been granted at TDRL entrance. The applicant did not manifest the occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood as required for the 70 percent rating under VASRD Section 4.130. The applicant had normal speech, memory and thought processes without panic attacks or suicidal ideation. He was neatly dressed, was single, reported no close friendships because he was older than most of his fellow Soldiers and the commanders statement documented the applicant had effective work relationships with both supervisors and co-workers.
4. The SRP noted that both the PEB and the VA granted a 50 percent evaluation based on the findings documented on the Compensation and Pension (C&P) exam. The SRP agreed that the 50 percent rating was appropriate and the applicant did not meet the criteria for the next higher 70 percent rating at entry into TDRL. At TDRL removal, the PEB applied VASRD Section 4.130 and rated the PTSD 30 percent. The medical evaluation board (MEB) psychiatric addendum which was the most proximal examination found the applicant to have active PTSD symptoms with a Global Assessment of Functioning (GAF) of 55 which was slightly worse than at TDRL entry. The TDRL removal exam documented that the applicant felt his treatment had helped manage his symptoms. He was going out more, felt less emotionally numb, and had decreased sense of future foreshortening. He did not manifest any of the symptoms associated with the 50 percent rating criteria. Although his GAF was slightly worse, the SRP did not find evidence that the symptoms approached the higher rating of 50 percent, as discussed in the above paragraph.
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 for 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140014263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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