IN THE CASE OF:  	  

		BOARD DATE:  28 July 2015	  

		DOCKET NUMBER:  AR20150010716 


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 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 and recommends application of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 be applied for six months at a disability rating of 50 percent.  Additionally, the SRP recommends no change to the Physical Evaluation Board (PEB) adjudication of the permanent retirement rating of 30 percent for the unfitting MH condition.

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 evidence of the available records shows a diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered during processing through the DES.  The SRP agreed there were no inappropriate changes in diagnoses and therefore, determined that the MH diagnoses were not changed to the applicant’s 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 noted the PEB assigned a disability rating of 10 percent without application of VASRD section 4.129.  The memorandum dated 17 July 2009 states “as a matter of policy, the Physical Disability Board of Review will apply VASRD Section 4.129 to PTSD unfitting conditions for applicants discharged after 11 September 2001, and in such cases, where a grant of relief is appropriate assign a disability rating of not less than 50 percent for PTSD unfitting conditions for an initial period of six months following separation, with subsequent fitness and PTSD ratings based on the applicable evidence.” 

4.  The SRP noted the provision was applicable in this case; therefore, a disability rating of not less than 50 percent for an initial period of 6 months following separation was required.  The SRP considered if there was evidence for a VASRD 4.130 rating higher than 50 percent at the time of TDRL placement.  The higher 70 percent rating is for “Occupational and social impairment, with deficiencies in most areas.”  

5.  The SRP noted, there was no evidence in the record of recurrent suicidal behaviors, no visits to the emergency room for MH treatment, no recurrent psychiatric hospitalizations, and no impairment in judgment.  Symptoms were improving; there was a decline in headaches, nightmares and hyperarousal.  The applicant demonstrated a normal mental status exam.  The commander noted the applicant’s medication and PTSD interfered with his ability to work 24 hour shifts.  

6.  The SRP concluded the record in evidence did not support a higher than 
50 percent rating at Temporary Disability Retired List (TDRL) placement and there was insufficient evidence for recommending a 70 percent TDRL placement rating.  The SRP agreed at the time of permanent retirement that the record adequately demonstrated the applicant continued to meet diagnostic criteria for PTSD. 

7.  The SRP concluded there was insufficient evidence for recommending a 
50 percent TDRL removal rating and that the record in evidence best supported the 30 percent criteria at TDRL removal.  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 of the applicant’s MH condition at the time of permanent retirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION















BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicant’s record and increasing the applicant’s TDRL rating for PTSD from 30 percent to 50 percent for six months.


UNFITTING CONDITION
VASRD CODE
TDRL RATING
PERM
RATING
Post –Traumatic Stress Disorder
9411
50%
30%
Right mid shaft femur
5299 -5255
      60 %
30%

COMBINED
80%
50%
2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends no change to the PEB adjudication of the permanent retirement rating of 30 percent for the unfitting MH condition.




      ___________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)                                  AR20150010716



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