IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150007328
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 processing.
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 be no change of the applicants Temporary Disability Retired List (TDRL) placement and permanent retirement determinations.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The SRP agreed there were no inappropriate changes in diagnoses. Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that physical evaluation board (PEB) adjudication of unfitting post-traumatic stress disorder (PTSD) was supported by the evidence; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (mental disorders due to traumatic stress) at TDRL placement. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of TDRL placement. Available treatment records at the time leading up to TDRL placement recorded a history of suicidal ideation and residential substance abuse program for
PTSD-like symptoms and alcohol abuse. The applicant was married with a supportive spouse. There was no evidence of impairment in judgment or insight. The higher 70 percent rating was for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The SRP determined there was insufficient evidence for recommending a 70 percent rating and that the record in evidence best supported the 50 percent rating for TDRL placement. After due deliberation in consideration 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 applicants mental health conditions at TDRL placement
4. The SRP noted the PEB rated the PTSD condition at 70 percent at TDRL removal. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at time of medical retirement. The higher 100 percent rating was for total occupational and social impairment. At the TDRL psychiatric examination on 28 March 2012, the applicant continued to report PTSD symptoms that included suicidal ideations, that he participated in group therapy, and that he used sleep and nightmare medications. He was admitted for 2 months to a PTSD residential recovery program with discharge a day prior to permanent
medical retirement. The applicant was suspended from and subsequently resigned from his civilian employment due to anger issues and was unemployed. There was evidence of impairment in family relations (the applicant reported that his wife and kids left his home and would flee to her parents home when he became angry). However, he remained married, left the home for activities with his wife, and enjoyed solitary activities like fishing. The TDRL mental status examination (MSE) was normal except for neutral and decreased range of affect, frequent fleeting suicidal ideations, and homicidal thoughts. The SRP determined there was insufficient evidence to recommend a 100 percent rating for total occupational and social impairment and that the record in evidence best supported the 70 percent rating.
5. After due deliberation in consideration of the preponderance of the evidence, and mindful of VASRD Section 4.3, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions at permanent medical retirement.
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
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ABCMR Record of Proceedings (cont) AR20150007328
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