BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150007337
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 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 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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System. The evidence of the available records show a diagnosis of anxiety disorder and post-traumatic stress disorder (PTSD) were rendered. The SRP determined that the MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. 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 PTSD was supported by the evidence. The applicant appeared to have met Diagnostic and Statistical Manual of Mental Disorders (4th Edition) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 (Mental disorders due to traumatic stress) was correct for application at Temporary Disability Retired List (TDRL) entry.
4. 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 70 percent rating is for Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood due to such symptoms. The SRP acknowledged the VA examiners assessment that the applicants MH condition rendered the applicant unemployable and noted the applicant reported stressors not previously recorded in any of the treatment records including the narrative summary and neuropsychological evaluation.
5. The SRP noted the commander statement did not implicate a mental condition as significantly interfering with duty performance. The SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient evidence for recommending a 70 percent TDRL entry rating. The SRP members agreed there was insufficient evidence to support the
higher rating of 70 percent. 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.
6. 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
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ABCMR Record of Proceedings (cont) AR20150007337
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