IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015812
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 should be no change of the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the mental health condition during processing through the military Disability Evaluation System (DES). The evidence of the available records showed Post-Traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the DES. The SRP determined that the MH diagnoses were not changed 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.
3. The SRP agreed that the evidence supported physical evaluation board (PEB) adjudication of unfitting PTSD. The applicant appeared to have met the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM IVTR) 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 Temporary Disability Retired List (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. The higher rating of 70 percent required demonstration of impairment in most areas, which was not supported by the record; she was hospitalized once, made no suicide attempts or gestures, participated in swim meets, and had an essentially normal mental status examination (MSE) during the NARSUM that demonstrated no impairments in thinking or judgment, there were no evidence of visits to the emergency room (ER) and no reported panic attacks.
5. The SRP also considered the record in evidence did not support a rating higher than 50 percent rating 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. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that although the applicants symptoms had not significantly improved since initiation of the TDRL, they appeared to have stabilized. The applicant was not hospitalized during the TDRL period and denied suicidal ideations on both the Compensation and Pension (C&P) and TDRL examinations. There was no evidence of near-continuous panic attacks, no recorded visits to the ER, no evidence of impaired impulse control, no personal neglect, and no impaired thinking or judgment.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions at TDRL entry or permanent retirement.
7. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015812
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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