IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20150010645 


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 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 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 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 be no change of 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 (DES) program.  The evidence of the available records recorded no inappropriate changes in diagnoses to the applicant’s possible disadvantage during the DES process.  Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting post-traumatic stress disorder (PTSD) was supported by the evidence and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were appropriately applied.  The SRP considered if there was evidence for a Section 4.130 rating higher than 50 percent at time of placement on the Temporary Disability Retired List (TDRL).  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.”  Based on the Medical Evaluation Board (MEB) psychiatric narrative summary (NARSUM), MEB NARSUM and the Department of Veterans Affairs (VA) Compensation and Pension (C&P) exam, the evidence indicated that the applicant endorsed symptoms of sleep disturbance, nightmares, depression, anxiety, agitation and PTSD, however he had a good family relationships, good judgment and continued his VA MH therapy.  Based on the clinical evidence the SRP agreed there was insufficient evidence to support a rating higher than the 50 percent rating adjudicated by the PEB at TDRL placement.

4.  The SRP later determined the most appropriate disability rating in accordance with (IAW) VASRD 4.130 criteria at 6 months for its permanent rating recommendation.  The SRP considered the 100 percent rating criteria of “Total occupational and social impairment” versus the 70 percent rating criteria listed above.  The DA Form 199 documented that the applicant’s continued PTSD symptoms interfered with his ability to function effectively in the military and would likely deteriorate if he returned to the stresses of military active service. The SRP determined that the applicant was still employable in a less stressful 


environment.  Additionally, there was no evidence of psychiatric hospitalization, no legal history, or reports of suicide or homicide ideations.  Therefore, the SRP agreed there was insufficient evidence to support a rating higher than the 70 percent rating adjudicated by the PEB at TDRL removal.

5.  After due deliberation in considering all of the evidence, and mindful 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 MH condition at either TDRL placement or removal.

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 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                  AR20150010645



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1