Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140014425
Original file (20140014425.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  17 September 2014	  

		DOCKET NUMBER:  AR20140014425 


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 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 MH diagnosis of Post-Traumatic Stress Disorder (PTSD) was eliminated, but re-established as the diagnosis during processing through the DES.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP noted that the Physical Evaluation Board (PEB) determined the PTSD to be unfitting and placed the applicant on the Temporary Disability Retired List (TDRL) with a 50 percent rating consistent with the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129.  

4.  The SRP examined whether the evidence at the time of separation and entry on TDRL supported a rating higher than the 50 percent by the PEB.  The SRP did not find evidence for a higher rating of 70 percent without occupational and social impairment, with deficiencies in most areas such as work or social function.  Therefore, the Panel concluded a 50 percent rating at TDRL entry was appropriate. 

5.  The SRP also considered its permanent rating recommendation at the time of removal from the TDRL.  Based on a review of the three preceding evaluations, the July 2012 opinion concluded symptoms were characterized as mild and they caused some difficulty in social, occupational, or school functioning; but generally functioning pretty well with some meaningful interpersonal relationships. 

6.  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.  The SRP unanimously agreed the 70 percent rating was clearly not supported and discussion centered on whether the 50 percent rating was supported.  The SRP concluded that the overall disability picture due to PTSD and depression at the time of removal from TDRL more nearly approximated the 30 percent rating than the 50 percent rating. 

7.  After due deliberation and considering all of the evidence the SRP concluded that there was insufficient evidence to recommend a change in the PEB adjudication for the applicant’s MH conditions.

8.  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)                                  AR20140014425



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140009051

    Original file (20140009051.txt) Auto-classification: Approved

    The SRP considered the appropriateness of changes in the applicant's MH diagnoses and the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. The SRP then considered whether the evidence supported a permanent rating higher than the 30 percent adjudicated by the PEB at the time of the applicant's removal from the...

  • ARMY | BCMR | CY2014 | 20140015294

    Original file (20140015294.txt) Auto-classification: Approved

    The PDBR SRP conducted a comprehensive review of the applicant’s 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 the physical evaluation board’s (PEB’s) adjudication appropriately applied 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...

  • ARMY | BCMR | CY2014 | 20140009052

    Original file (20140009052.txt) Auto-classification: Approved

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicant’s case, the SRP recommended by unanimous vote that the applicant’s unfitting MH diagnosis be changed from anxiety to Post-Traumatic Stress Disorder (PTSD) at the time of placement on the Temporary Disability Retired List (TDRL)...

  • ARMY | BCMR | CY2015 | 20150005728

    Original file (20150005728.txt) Auto-classification: Denied

    The SRP reviewed the appropriateness of changes in the applicant's MH diagnoses and a disability rating recommendation in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130. The SRP concluded the record in evidence did not support a rating higher than 50 percent at the time of TDRL entry. The SRP agreed the evidence is best described by the criteria of the 50 percent rating.

  • ARMY | BCMR | CY2014 | 20140007675

    Original file (20140007675.txt) Auto-classification: Approved

    The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of VASRD, section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130. The SRP noted that while the PEB had placed the applicant on the TDRL, application of VASRD, section 4.129, required a minimum disability rating of 50 percent with re-evaluation. As a result, the Board...

  • ARMY | BCMR | CY2015 | 20150005870

    Original file (20150005870.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). After due deliberation in consideration of the preponderance of the evidence, the SRP agreed the...

  • ARMY | BCMR | CY2014 | 20140011160

    Original file (20140011160.txt) Auto-classification: Approved

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicant’s case, the SRP recommended by unanimous vote that there should be no change in the applicant’s unfitting condition diagnosis and his prior determination be modified as follows: Temporary Disability Retirement (TDRL) at 50...

  • ARMY | BCMR | CY2014 | 20140000660

    Original file (20140000660.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnoses of an MH condition during processing through the Disability Evaluation System and found none. The SRP concluded that there was not a preponderance of the evidence in the record to...

  • ARMY | BCMR | CY2015 | 20150005647

    Original file (20150005647.txt) Auto-classification: Approved

    The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (IDES). After due deliberation in consideration of the preponderance of the evidence, the SRP recommended, mindful of VASRD Section 4.3 (reasonable doubt), a TDRL rating of 50 percent and permanent disability rating after removal from TDRL of 50 percent for PTSD with comorbid depression condition. As a result,...

  • ARMY | BCMR | CY2014 | 20140010672

    Original file (20140010672.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during the applicant's processing through the military Integrated Disability Evaluation System (IDES). After due deliberation in consideration of the preponderance of the evidence, the SRP determined that there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for...