IN THE CASE OF:
BOARD DATE: 10 December 2014
DOCKET NUMBER: AR20140018729
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 considered the appropriateness of changes in MH diagnoses, Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made. The SRP considered that the applicant had been diagnosed with and was being treated for depression and anxiety beginning at the time of entry into the Disability Evaluation System and that the diagnosis was eventually changed to include Post-Traumatic Stress Disorder. However, the SRP concluded that any change in diagnosis was not to the applicants disadvantage. Therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
3. The SRP agreed that the provisions of VASRD section 4.129 were not applicable in this case. The SRP considered and extensively deliberated over the accuracy of combat exposure as it was inconsistently reflected in the service treatment record. The SRP assigned high probative value to the commanders statement in regard to the absence of combat exposure and, therefore, concluded that a single corroborated event occurring to be severe enough to bring about the applicants release from active military service was not supported by the evidence. The SRP considered and agreed that near the time of Temporary Disability Retired List (TDRL) entrance, the preponderance of evidence did not support a rating higher than the 30 percent adjudicated by the PEB.
4. The SRP then considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of permanent retirement based upon the final TDRL examination. Absent impairment in thought processing, impulse control, suicide ideation, or personal neglect, consensus was that the intensity or degree of the applicants symptomatic characteristics near the time of TDRL removal did not rise in greater totality to meet the 70 percent rating level.
5. The SRP determined that based on the record in evidence there was insufficient reasonable doubt for recommending a 70 percent rating and that the record of evidence best supported the 50 percent rating at the time of permanent retirement.
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 of the applicants MH condition at the time of TDRL entry and permanent retirement.
7. 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) AR20140018729
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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