IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140018732
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 also states that his MH has not improved and that he will be on medication for the rest of his life. Additionally, he states "that his mental illness is permanent."
4. 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 considers the appropriateness of changes in the applicant's MH diagnoses, the appropriateness of Physical Evaluation Board (PEB) fitness determination for any MH condition and, if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable. The SRP further considers the fairness of disability ratings for MH conditions and makes recommendations for said ratings in accordance with VASRD section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes or elimination of a diagnosis of an MH condition during processing through the Disability Evaluation System and noted the diagnoses of anxiety and depression recorded in the profile were not included in the PEB adjudication. The SRP agreed that, although the PEB did not adjudicate separate anxiety and depression diagnoses, no MH diagnosis was changed to the applicants disadvantage, since Post-Traumatic Stress Disorder (PTSD) is considered a serious MH condition that includes both depressive and anxiety symptoms. PTSD by definition is an anxiety disorder. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed that the evidence supported PEB adjudication of unfitting PTSD. The applicant appeared to have met the Diagnostic and Statistical Manual for Mental Disorders-Fourth Edition a diagnostic criterion for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of VASRD section 4.129 was correct for application at Temporary Disability Retired List (TDRL) entry.
5. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of the applicant placement on the TDRL. The higher rating of 70 percent requires demonstration of impairment in most areas, which was not supported by the record. The SRP considered the record in evidence did not support a rating higher than 50 percent for TDRL entry and there was insufficient reasonable doubt for recommending a 70 percent TDRL entry rating.
6. The SRP also agreed at the time of permanent retirement that the record adequately demonstrated that the applicants symptoms were stable enough for TDRL removal. The applicants symptoms did not reflect a disability rating higher than the 50 percent granted.
7. 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 for the applicants MH conditions at TDRL entry or permanent retirement.
8. 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) AR20140018732
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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