BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015802
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 determined by unanimous vote that there was insufficient cause to recommend a change in the physical evaluation board (PEB) adjudication for the applicants mental health conditions at Temporary Disability Retired List (TDRL) entry or permanent retirement.
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 the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only MH diagnosis rendered during processing through the DES. 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 Review Project.
3. The SRP agreed that the evidence supported PEB adjudication of unfitting PTSD. The applicant fully met the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, (DSM-IV TR) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (mental disorders due to traumatic stress) for application at TDRL entry.
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. Available treatment records at the time leading up to TDRL entry recorded no history of suicidal ideation, no visits to the emergency room for his reported panic attacks, no psychiatric hospitalizations, and no evidence of impairment in judgment or thinking. The SRP considered the record in evidence did not support a rating higher than 50 percent for TDRL entry and there was insufficient reasonable doubt (in accordance with (IAW) VASRD Section 4.3) for recommending a 70 percent TDRL entry rating.
5. The SRP agreed at the time of permanent separation that the applicants record adequately demonstrated that he had reported marital issues which worsened by his use of alcohol and other alcohol-related issues, he was noted to enjoy activities with no loss of interest, and indicated his wife remained supportive of him. There were no visits to the emergency room, no report of panic attacks, he was able to complete college courses, and he maintained full-time employment since entering the TDRL period. His Global Assessment of Functioning (GAF) was recorded as 70 for mild symptoms. His condition reflected the 10 percent disability rating criteria.
6. 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) AR20140015802
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