IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015755
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 prior separation should be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) with a disability rating of 70 percent rather than 30 percent for his Post-Traumatic Stress Disorder (PTSD) condition.
2. The SRP determined that no MH diagnoses were changed or eliminated to the applicants possible disadvantage in the disability evaluation process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP considered whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable for the unfitting MH conditions. Office of the Under Secretary of Defense memorandum 17 July 2009 states: Therefore, as a matter of policy, the PDBR and all three BCMRs will apply VASRD Section 4.129 to PTSD unfitting conditions for applicants discharged after September 11, 2001, and in such cases, where a grant of relief is appropriate, assign a disability rating of not less than 50% for PTSD unfitting conditions for an initial period of 6 months following separation, with subsequent fitness and PTSD ratings based on the applicable evidence. In accordance with DoD policy, Panel members agree that the diagnosis of PTSD was accurate and section 4.129 should have been applied.
3. The SRP reviewed the 70 percent criteria versus the 50 percent criteria for its rating recommendation at TDRL entry. At the time of TDRL entry, SRP members agree that the applicants disability was consistent with the 70 percent VASRD section 4.130 rating based on the applicants deteriorated work situation within the unit, poor family relations and impaired judgment, thinking and mood.
4. The SRP considered the available evidence for a rating recommendation at the time of the 5-year TDRL expiration. The applicants initial and only TDRL evaluation resulted in a Physical Evaluation Board (PEB) determination to retain the applicant on the TDRL, as the PTSD condition has not stabilized to the point that a permanent degree of severity can be determined, but remains at or above 30 percent. Because the applicant did not complete the mandated examination as required by law, no further TDRL evaluation was available in the record; therefore, a rating at permanent disposition cannot be recommended.
5. 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 Board determined that the evidence presented was sufficient to warrant a recommendation for 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 70 percent rather than 30 percent for his PTSD condition.
_______ _ _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) AR20140015755
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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