BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015786
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 Temporary Disability Retired List (TDRL) disability determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES) Pilot Program. The evidence of the available records shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) and depressive disorder diagnoses were rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnosis and, therefore, determined the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted that the physical evaluation board (PEB) assigned a disability rating of 70 percent with appropriate application of the Department of Veterans Affairs Schedule for Rating Disabilities (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 70 percent at time of the applicant's placement on the TDRL. A disability of 100 percent required total occupational and social impairment, with deficiencies in all areas. There was no record in the evidence of gross impairment in thought processes or communication, no grossly inappropriate behaviors, no disorientation to time or place, no memory loss for his occupation or name, and no inability to perform his activities of daily living. The commanders statement on 21 October 2011 noted inpatient and outpatient treatment had given applicant skills he continued to use
considered to be a low risk soldier by his entire treatment team
conditions have remained static since his arrival. The SRP determined the record in evidence best supported the 70 percent rating for TDRL entry. There was insufficient reasonable doubt in accordance with VASRD Section 4.3 for recommending a 100 percent disability rating.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the application of VASRD Section 4.129 with a disability rating of 70 percent and placement on TDRL was appropriate in the applicants case.
5. 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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ABCMR Record of Proceedings (cont) AR20140015786
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