IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014271
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 and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; whether the provisions of the 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. Post-Traumatic Stress Disorder (PTSD) was referred into the Disability Evaluation System (DES) and the diagnosis remained unchanged during processing through the DES. Therefore, the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The physical evaluation board (PEB) determined the PTSD was unfitting and rated the condition 50 percent with application of VASRD Section 4.129. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the Temporary Disability Retired List (TDRL). The higher 70 percent rating was for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking or mood. The SRP noted the history of problems with substance abuse, mood disturbance, anxiety and relationship problems predated service entry and deployment. Following treatment, the applicant reported abstaining from alcohol and at the time of the VA Compensation and Pension (C&P) examination denied alcohol related problems.
4. The SRP noted the commander's statement reflected generally good duty performance in administrative tasks, a good attitude and active involvement in the unit despite irritability and anger issues. The VA C&P examination recorded that part-time employment was generally going well despite some short-term memory problems. 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, neglect of personal hygiene, that are indicated as supportive of the 70 percent rating. The SRP concluded a 50 percent rating at TDRL entry was appropriate.
5. The SRP later considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of permanent retirement. The SRP noted the TDRL examiner indicating occupational and social impairment, with deficiencies in most areas suggesting consideration of the next higher rating. The subjective and objective elements of the TDRL examination were similar to those of the medical evaluation board psychiatry examination with a similar assessment of moderate symptoms. The SRP noted that the TDRL examination did not evidence symptoms such as impaired thinking, suicidal ideation obsessional rituals illogical speech, near continuous panic, periods of violence, spatial disorientation, or neglect of personal hygiene that were indicated as supportive of the 70 percent rating. The SRP concluded the preponderance of evidence more nearly approximated the 50 percent rating at TDRL exit and permanent disability retirement.
6. After due deliberation in consideration of the preponderance of the evidence, and reasonable doubt (VASRD Section 4.3), the SRP concluded that there was
insufficient cause to recommend a change in the PEB rating adjudication for the applicant's unfitting PTSD condition at TDRL entry and permanent disability retirement.
7. 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) AR20140014271
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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