IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015747
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 for the MH condition. The SRP further determined there should be no change to the prior permanent disability of 30 percent.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of PTSD and panic disorder without agoraphobia (MEB), and PTSD and alcohol abuse were rendered during processing through the Integrated DES process. Alcohol abuse was secondary to PTSD and does not fall below retention standards.
3. The SRP carefully reviewed the evidence for a separate diagnosis of panic disorder with agoraphobia and determined the diagnosis was appropriately rendered and appropriately adjudicated as a co-morbid condition. 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.
4. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting PTSD and panic disorder was well supported by the evidence. The PEB rating upon entering the TDRL preceded the promulgation of the National Defense Authorization Act (NDAA) 2008 mandate for DoD adherence to Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129, in accordance with DoD Instruction 6040.44 and DoD guidance. The SRP is obligated to recommend a minimum 50 percent PTSD rating for a retroactive 6-month period on the TDRL. Since the Service was in compliance with the VASRD section 4.129 TDRL requirements, the SRP need not apply a constructive TDRL interval in this case. A minimum TDRL rating of 50 percent remains applicable.
5. The SRP must determine the most appropriate fit with VASRD section 4.130 criteria at the end of the TDRL interval for its permanent rating recommendation. 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. 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 considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reasonable evidence for recommending a 70 percent TDRL entry rating. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 30 percent at the time of TDRL removal. The SRP agreed that the applicant continued to meet the criteria for PTSD.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that at the final TDRL evaluation the evidence best supported the 30 percent rating; therefore, there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of 30 percent for the MH condition.
8. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015747
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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