IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140014913
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 should be no change of the applicants disability and Temporary Disability Retired List (TDRL) entry determination.
2. 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 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. The applicant was referred into the Disability Evaluation System (DES) with an MH diagnosis of Post-Traumatic Stress Disorder (PTSD) and there were no changes to the MH diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted that insomnia was indicated as a diagnosis on the medical evaluation board (MEB), but it was not an Axis I (MH) diagnosis and was included under rating the PTSD condition. Since the PEB placed the applicant on the TDRL with an MH rating of 50 percent, specifying application of the provisions of VASRD Section 4.129 (mental disorders due to traumatic stress), the SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of placement on the TDRL.
4. The SRP noted that there was no suicidal or homicidal ideations; thought judgment or memory deficits; or hospitalization noted proximate to TDRL entry. The narrative summary (NARSUM) examiner's assessment of functioning in the moderate range and descriptions of occupational and social impairment were between the 30 percent and 50 percent VASRD Section 4.130 rating criteria and did not support any rating higher than the 50 percent rating in accordance with (IAW) VASRD Section 4.129.
5. The SRP considered that the VA MH assessment one month after TDRL entry noted some increased symptoms related to recent DES processing and also continued to support no higher than a 50 percent rating for TDRL entry lAW VASRD Section 4.3 (reasonable doubt).
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that a diagnosis of PTSD with application of VASRD Section 4.129 at TDRL entry (MH rating of 50 percent) was appropriate, and there was insufficient reasonable doubt for any higher rating.
7. 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) AR20140014913
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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