IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014494
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 he was diagnosed with anxiety disorder not otherwise specified (NOS) and he believes he has Post-Traumatic Stress Disorder (PTSD).
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 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 Disability Evaluation System (DES). The available records show that the original diagnosis of PTSD and depression was changed to dysthymia and or anxiety disorder (Service diagnostic variance) during the DES process. Therefore, the applicant met the Terms of Reference of the MH Review Project.
3. The SRP determined that the disability associated with all psychiatric conditions, regardless of the diagnosis or multiple diagnoses, is subsumed under a single rating using the same criteria in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130. Therefore, the applicants disability rating recommendation from the SRP will be unaffected by the specific psychiatric diagnosis determined to be unfitting by the Service.
4. The SRP agreed that the provisions of VASRD section 4.129 were applicable in this case, noting the association with combat action. The SRP agreed that the Physical Evaluation Boards (PEB) action of Temporary Disability Retired List (TDRL) placement was accurate in this case. The SRP then considered if there was evidence for a VASRD section 4.130 rating higher than the PEBs 50 percent at time of TDRL entry.
5. The SRP noted in its deliberations and devoted careful attention to the issue of the varying MH diagnoses rendered throughout the DES process and deliberated as to the most accurate and thorough examination depicting the applicants condition near the time of separation. The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood."
6. The SRP agreed that the applicants symptom presentation and its associated timeline most accurately depicted the MH diagnosis of anxiety disorder near the time of service separation was accurate. The SRP considered and agreed that the record in evidence best supported the 50 percent rating for TDRL entry under VASRD section 4.129 and there was insufficient evidence for recommending a 70 percent TDRL entry rating.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the diagnosis of dysthymia with application of VASRD section 4.129 minimum rating of 50 percent at TDRL entry was appropriate.
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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140014494
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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