BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015776
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 mental health 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, by a majority vote, recommended no change in the applicants unfitting condition diagnosis but that his prior determination be modified to reflect a constructive period on the Temporary Disability Retired List (TDRL) at 70 percent for 6 months (Post-Traumatic Stress Disorder (PTSD) at a minimum of 50 percent in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and Department of Defense (DoD) Directive) and then no change to the prior permanent combined 70 percent disability retirement. The single voter for dissent did not elect to submit a minority opinion.
2. The SRP noted that at the time of processing through the Disability Evaluation System (DES), no change in diagnosis was made at any time. The SRP determined that the MH diagnosis was not changed during the disability evaluation process and, therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. In accordance with DoD policy, the SRP concluded that VASRD Section 4.129 applied to the rating of the applicants PTSD condition. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at the time of placement on the TDRL. There were intense deliberations regarding the alcohol abuse versus PTSD symptomatology. Regardless of the specific diagnosis, the majority of the SRP did not find evidence of total and persistent social impairment supporting a rating higher than 70 percent at the time of constructive VASRD Section 4.129 TDRL placement without resorting to undue speculation. The SRP then considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at the time of removal from the constructive VASRD Section 4.129 TDRL period. There was no evidence in the clinical record of any improvement, or worsening of symptoms such as emergent psychiatric care, psychiatric hospitalizations, legal problems, family social problems, or persistent danger of hurting self or others. The SRP majority recommended continuation of the 70 percent rating at the time of final disposition.
4. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
___X_____ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 his prior determination to reflect a constructive period on the TDRL at 70 percent for 6 months (PTSD at minimum of 50 percent IAW VASRD Section 4.129 and DoD Directive).
_________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) AR20140015776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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