BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014486
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 a diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The MH diagnoses of Post-Traumatic Stress Disorder (PTSD) and somatoform disorder were not changed 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 in accordance with Department of Veterans Affairs Schedule for Rating Disabilities section 4.129.
4. The SRP examined whether the evidence at the time of separation and entry on the TDRL supported a rating higher than the 50 percent rating adjudicated 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.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded a 50 percent rating at TDRL entry was appropriate.
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 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) AR20140014486
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ARMY | BCMR | CY2014 | 20140014425
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After a comprehensive review of the applicant's case, the SRP determined by a vote of 2 to 1 that the applicant's unfitting condition diagnosis should be changed to post-traumatic stress disorder (PTSD) and that his permanent retirement should be modified to reflect a permanent 30-percent rating for his PTSD with a combined rating of 80 percent. The SRP considered the appropriateness of changes in the MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting,...
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ARMY | BCMR | CY2015 | 20150010726
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. Additionally, the SRP recommends no change to the Physical Evaluation Board (PEB) adjudication of the permanent retirement rating of 30 percent for the unfitting MH condition. The SRP unanimously agreed that this record supported a permanent PTSD rating of 30 percent but no higher at TDRL removal.
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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). Because the applicant was referred into the DES process with a diagnosis of Post-Traumatic Stress Disorder (PTSD), but the VA examination (which was considered part of the DES process), narrative summary (NARSUM), medical evaluation board (MEB) and physical evaluation board (PEB) listed a diagnosis of major depression,...
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ARMY | BCMR | CY2014 | 20140014913
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. 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 the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129...
ARMY | BCMR | CY2015 | 20150010716
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The memorandum dated 17 July 2009 states as a matter of policy, the Physical Disability Board of Review will apply VASRD Section 4.129 to PTSD unfitting...