BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014489
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 also states that Post-Traumatic Stress Disorder (PTSD), anxiety, and depressive disorder happen while performing duties in Kuwait and Iraq.
4. 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 Temporary Disability Retired List (TDRL) disability and retirement determinations.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of PTSD, generalized anxiety disorder (GAD), and depressive disorder not otherwise specified (NOS) were rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnoses and, therefore, determined that the MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. 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 provisions of Department of Veterans Affairs Schedule for Rating Disabilities section 4.129 were appropriately applied in this case. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of TDRL entry. The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas. The SRP concluded the record in evidence did not support a higher than 50 percent rating at TDRL entry and there was insufficient evidence for recommending a 70 percent TDRL entry rating.
4. The SRP agreed that, at the time of permanent retirement, the record adequately demonstrated that the applicant continued to meet the diagnostic criteria for PTSD and remained symptomatic. After due deliberation the SRP concluded there was insufficient cause to recommend a change in the Physical Evaluation Board adjudication of the applicants permanent retirement rating of 50 percent for the PTSD with comorbid GAD and depressive disorder.
5. 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) AR20140014489
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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