IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015986
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 Temporary Disability Retired List (TDRL) determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. The applicant appeared to have been referred into the Disability Evaluation System (DES) with an MH diagnosis of Post-Traumatic Stress Disorder (PTSD). Although the MH diagnoses changed throughout the DES evaluations (narrative summary (NARSUM), medical evaluation board (MEB), the Department of Veterans Affairs (VA) Compensation and Pension (C&P) exam and initial PEB), the final PEB for TDRL entry coded and rated as the MH unfitting diagnosis accepting the VA proposed coding and rating. As PTSD was the final diagnosis, the applicant did not meet the inclusion criteria in the Terms of Reference for the MH Review Project.
3. The SRP noted that the PEB placed the applicant on the TDRL with a rating of 50 percent, specifying application of the provisions of VASRD Section 4.129 (mental disorders due to traumatic stress) and considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of placement on the TDRL. There were no suicidal or homicidal ideations, thought judgment or memory deficits, or hospitalization noted proximate to TDRL entry. The SRP considered that the VA MH assessments from June 2012, 4 months after TDRL entry, continued to support no higher than a 50 percent rating. The VAs October 2012 increased MH rating (to 70 percent) was based on a referenced exam over 7 months after TDRL entry and was not considered indicative of the applicants disability at the time of TDRL entry. The VAs requirement for a future exam indicated continued instability. The commanders statement of good performance and recommendation for retention, and the NARSUM and VA C&P examiners assessment of functioning in the moderate range and descriptions of occupational and social impairment, did not support any rating higher than the 50 percent rating in accordance with (IAW) VASRD Section 4.129.
4. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015986
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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