BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014495
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 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system.
2. The Department of Defense 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 in order 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 applicants case, the SRP determined by unanimous vote that there be should no change to the applicants Temporary Disability Retired List (TDRL) 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 Integrated Disability Evaluation System (IDES). Although there were multiple additional MH diagnoses noted through the IDES, each physical evaluation board (PEB) adjudicated Post-Traumatic Stress Disorder (PTSD) as an MH condition and PTSD was the final unfitting MH condition for TDRL entry. The SRP agreed there were no potentially adverse changes in diagnoses and, therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the PEB applied the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 for the unfitting PTSD and considered whether a higher VASRD Section 4.130 TDRL rating was supported by the evidence of record. The SRP noted that the VAs IDES proposed rating dated 26 March 2013 listed the VA Compensation and Pension (C&P) exam dated 14 October 2009 exam in Evidence and the reasons for Decision narrative also appeared to address the content of the older 2009 exam. The VA C&P exam dated 6 January 2012 was not listed in Evidence, and the SRP independently rated that exam at no higher than 50 percent in accordance with VASRD Section 4.130 criteria. There was no significant evidence of deficiencies in judgment or thinking in the evidence of record. The commanders assessment of moderate difficulty, the 2012 VA examiners functional assessment of occasional decrease in work efficiency, and the narrative summary psychiatrists functional assessment did not indicate disability above that envisioned by the VASRD 50 percent criteria under VASRD Section 4.130.
4. After due deliberation in consideration of the preponderance of the evidence, and mindful of the mild cognitive impairment which was attributed to Traumatic Brain Injury (TBI) in the VASRD Section 4.130 MH rating for PTSD, the SRP concluded there was insufficient evidence to support deficiencies in most areas to support a rating higher than 50 percent for entry into TDRL.
5. The available evidence shows the SRPs 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 that 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) AR20140014495
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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