BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014477
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 majority vote that there should be a change of the applicants disability and separation determination to reflect a 70 percent rating at Temporary Disability Retired List (TDRL) entry.
2. The SRP considers the appropriateness of changes in the applicant's MH diagnoses and provides remedial recommendations if it is judged that there was any elimination or unfavorable change in MH diagnosis. The SRP further considers whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable to any unfitting MH conditions and makes rating recommendations in accordance with VASRD section 4.130. The applicants Post-Traumatic Stress Disorder (PTSD) condition was acknowledged and rated; therefore, the applicant does not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP assessed the fairness of the applicants TDRL entry rating for PTSD. The Physical Evaluation Board applied the VA proposed 50 percent rating; however, the SRP must consider whether the VASRD section 4.130 criteria for higher ratings are reasonably satisfied by the evidence at the time of TDRL placement. The SRP unanimously agreed that VASRD section 4.130 criteria for a 100 percent rating (total occupational impairment) were not met, and considered the 70 percent criteria, i.e., occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.
4. The SRP noted the evidence in the record supported that the applicant continued with PTSD symptoms at the time of TDRL entry. The psych narrative summary, the evaluation most proximate to separation, additionally noted passive suicidal ideation, and occasional episodes of panic. Both the commanders statement and initial VA MH compensation and pension (C&P) examiner provided strong support for the 70 percent rating. The VA C&P PTSD review examination 7 months post-separation indicated the applicant was having increased difficulty adjusting since his separation and was unemployable at the time due to the severity of his PTSD symptoms.
5. The SRP majority agreed that the 70 percent rating in accordance with VASRD section 4.130 was most consistent with the applicants overall disability picture at that time. After due deliberation the SRP majority recommends a
70 percent rating at TDRL entry.
6. 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 Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to reflect a TDRL rating of 70 percent.
_________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
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ABCMR Record of Proceedings (cont) AR20140014477
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