IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015746
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 the applicants prior separation should be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) at 50 percent rather than 30 percent, in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and DoD directive and no change to the prior permanent disposition.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnosis and therefore, determined that the MH diagnosis was 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 agreed that the evidence supported Physical Evaluation Board (PEB) adjudication of unfitting PTSD. The SRP in compliance with the provisions of VASRD section 4.129 noted the provision was applicable in this case and, therefore, must assign a disability rating of not less than 50 percent with subsequent fitness and ratings based on the applicable evidence.
4. 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 SRP concluded the record in evidence did not support a higher than a 50 percent rating at TDRL entry, and there was insufficient reasonable doubt for recommending a 70 percent TDRL entry rating. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant continued to meet the diagnostic criteria for PTSD.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the application of VASRD section 4.129 was applicable in this case. The SRP further concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of 10 percent for the MH condition.
6. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicants entry on the TDRL at 50 percent rather than 30 percent.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the prior permanent disposition.
_______ _ _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
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ABCMR Record of Proceedings (cont) AR20140015746
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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