IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140018850
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 mental health 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 retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES), pilot DES (PDES). The evidence of the available records showed Post-Traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the PDES. The SRP determined that the MH diagnoses were not changed in the disability evaluation. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the evidence supported the physical evaluation board (PEB) adjudication of unfitting PTSD and application of the provisions of
Department of Veterans Affairs Schedule for Rating Disabilities (VASRD)
Section 4.129 were correct (mental disorders due to traumatic stress) for application at Temporary Disability Retired List (TDRL) entry. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. The higher rating of 70 percent required demonstration of impairment in most areas, which was not supported by the record. Although the applicant made vague reference to a psychiatric admission, there was no evidence of psychiatric hospitalizations, suicide attempts or gestures, and no documented report of suicidal or homicidal thoughts in the record. The applicant was able to enjoy his children, prepare the family meals, grocery shop, go to the movies, and reportedly gave speeches. The record in evidence demonstrated no impairments in thinking or judgment. There were no evidence of visits to the emergency room for any MH-related symptoms and no reported panic attacks.
4. The SRP noted that the VA examiner assessed occasional decrease in work efficiency or intermittent periods of inability to perform occupational tasks (30 percent), and the VA rating decision indicated that VASRD Section 4.129 was applied; therefore, the 50 percent rating was the minimal rating allowed. The SRP considered the record in evidence did not support a rating higher than 50 percent rating for TDRL entry and there was insufficient reasonable doubt (in accordance with VASRD Section 4.3) for recommending a 70 percent TDRL entry rating.
5. 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 mental health conditions at TDRL entry.
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) AR20140018850
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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