BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140016075
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 Department of Defense (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 applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system.
2. The DOD 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, 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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD) rendered during processing through the DES.
3. The SRP agreed there were no inappropriate changes in diagnoses and 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 MH Review Project. The SRP noted that the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 (mental disorders due to traumatic stress) were appropriately applied in this case.
4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of Temporary Disability Retired List (TDRL) entry. The higher 70 percent rating is for occupational and social impairment, with deficiencies in most areas. The SRP concluded the record in evidence did not support a higher than 50 percent rating at TDRL entry and there was insufficient reasonable evidence for recommending a 70 percent TDRL entry rating. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant continued to meet the diagnostic criteria for PTSD. After due deliberation in consideration of VASRD section 4.3, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of 30 percent for the MH conditions.
5. The available evidence shows the SRP's 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 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) AR20140016075
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