IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150007334
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 disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the Department of Defense (DoD)/ Department of Veterans Affairs (VA) Pilot Disability Evaluation System Program. The SRP agreed that the applicants case did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The physical evaluation boards (PEBs) Temporary Disability Retired List (TDRL) placement adjudication appropriately applied VA Schedule for Rating Disabilities (VASRD) Section 4.129 and granted a TDRL placement rating of 50 percent for post-traumatic stress disorder (PTSD) with major depression. The SRP reviewed the entire record for evidence that a rating greater that 50 percent should have been granted at TDRL placement. The higher rating of 70 percent required evidence of occupational and social impairment, with deficiencies in most areas of functioning. There was insufficient evidence to support a 70 percent rating since there were no additional hospitalizations, visits to the emergency room, or reports of legal issues in the intervening months post June 2009 hospitalization until TDRL placement 6 months later. The SRP concluded the evidence did not support a rating higher than the 50 percent disability level.
4. The SRP next considered the rating for TDRL removal. There was one single examination to consider at TDRL removal. The psychiatric examination noted the applicant had not worked but had sought employment. He participated in an online computer course, and although he reported symptoms of PTSD, he was not engaged in treatment and was not taking any psychotropic medication. However, he had continued to consume alcohol. He had minimal social activities but did enjoy spending time with his children and occasionally with friends.
There was no evidence of psychiatric hospitalization, no suicidal or homicidal behaviors, no reported panic attacks requiring treatment in the emergency room, and no evidence of violence. He had a legal issue related to his drug use history. There was no evidence of impairment in thinking, and although poor judgment was recorded in the removal examination, this opinion was directly related to his alcohol use and not PTSD. The examiners assessment recorded a 30 percent disability level. Based on that evidence, the SRP concluded the disability rating was not higher than 30 percent at TDRL removal.
5. After due deliberation in consideration of the preponderance of the evidence, and mindful of VASRD Section 4.3 (reasonable doubt), the SRP majority concluded that there was insufficient cause to recommend a change
in the PEB adjudication for the MH condition at either TDRL placement or removal.
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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ABCMR Record of Proceedings (cont) AR20150007334
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