IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140016078
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 the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System. The evidence of the available records show that an initial diagnosis of acute stress disorder was rendered and later was appropriately changed to Post-Traumatic Stress Disorder (PTSD). The Medical Evaluation Board (MEB) examiner specifically documented that although a prior examiner diagnosed the applicant with adjustment disorder, anxiety, and depression, this examiner opined that these symptoms were all related to PTSD.
3. The SRP noted that the PTSD diagnosis was rendered by the MEB examiner and the SRP agreed there was no change in that diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The Physical Evaluation Boards (PEB) adjudication appropriately applied Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and granted a Temporary Disability Retired List (TDRL) entry rating of 50 percent for the PTSD with major depression condition.
4. The SRP reviewed the entire record for evidence that a rating greater that 50 percent should have been granted at TDRL entrance. The applicant did not manifest the occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking or mood as required for the 70 percent rating under VASRD section 4.130.
5. After due deliberation and considering all of the evidence, and mindful of VASRD section 4.3, the SRP members agree there was insufficient cause to recommend a change in the PEB adjudication for the PTSD with major depression condition at TDRL entry.
6. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140016078
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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