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IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140017816
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 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH 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 MH 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) entry determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses and a disability rating recommendation in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130. 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 record shows a diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered. The MH diagnosis was not changed during processing through the DES and therefore this case does not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted that the provisions of VASRD Section 4.129 (mental disorders due to traumatic stress) were applied by the physical evaluation board (PEB) as directed by Department of Defense (DoD) policy (placement on TDRL with a minimum rating of 50 percent for a period of 6 months before reevaluation and re-adjudication). The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of the applicant placement on the TDRL. The next higher 70 percent rating required occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.
4. The SRP considered that no 70 percent threshold symptoms were present, such as impaired impulse control, suicidal ideation, obsessional rituals, illogical speech, neglect of personal appearance or hygiene, and there were no hospitalizations or emergency room visits during the year leading up to entry on TDRL. It was also deliberated that the applicant was noted by his commander to display effective work relationships with no negative reports; clinic notes during the time prior to entry on TDRL indicated an absence of some MH symptoms; the applicant felt socially isolated, yet got along with his parents and had a girlfriend after TDRL entry and was discouraged that job opportunities were lacking. The SRP agreed that the evidence just described was not consistent with the deficiencies in most areas stipulation of the 70 percent rating. Therefore, the SRP concluded that a rating higher than 50 percent at the time of the applicant's TDRL entry was not supported.
5. After due deliberation in considering all of the preponderance of the evidence, and mindful of VASRD Section 4.3 (reasonable doubt), the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD condition.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140017816
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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