BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20150010726 


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 that Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 be applied to show that the applicant was placed on the TDRL for 6 months with 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 showed the diagnosis of post-traumatic stress disorder (PTSD) and anxiety disorder not otherwise specified (NOS) were rendered during processing through the DES.  The SRP noted the diagnosis of anxiety disorder NOS appeared only in the Medical Evaluation Board (MEB) history and DD Form 2808 (Report of Medical Examination) without reference to etiology.  The SRP agreed the diagnosis of anxiety disorder NOS was eliminated. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP agreed that PEB adjudication of unfitting PTSD was supported by the evidence; however, the provision of VASRD section 4.129 were not applied.  The SRP concluded that the application of VASRD section 4.129 was appropriate in this case.  Accordingly, the SRP recommends placement of the applicant on a period of constructive Temporary Disability Retired List (TDRL) with a minimum rating of 50 percent in accordance with VASRD section 4.129 with reassessment after 6 months.  The higher 70 percent rating criteria requires evidence of “Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.” 

4.  The SRP concluded there was insufficient evidence for recommending a 
70 percent TDRL entry rating.  The SRP then undertook to determine a proximate source of comprehensive evidence on which to base the permanent rating recommendation.  The SRP found no further MH records or evaluations in the record in the 24 months subsequent to the narrative summary (NARSUM) evaluation of 2 March 2011.  The applicant had medically retired from his civilian job, reported panic attacks of less than once weekly occurrence, and although he reported a significant decline of interest in significant activities, discomfort with crowds and a restricted range of affect, there was insufficient evidence that his symptoms caused impairment at the 50 percent level of disability as defined under VARSD section 4.130 (Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory). 

5.  The SRP noted the applicant’s Global Assessment of Functioning score of
65 (mild) and his level of occupational impairment at the time of the NARSUM most accurately reflected the 30 percent level of disability.  The SRP unanimously agreed that this record supported a permanent PTSD rating of 
30 percent but no higher at TDRL removal.

6.  The available evidence shows the SRP's assessment should be accepted.

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 to show he was placed on the TDRL, effective 
6 December 2011, with a 50 percent rating for PTSD for 6 months in addition to his other disabilities.  After the 6-month period removing him from the TDRL and placing him on the permanent disability retired list with a 30 percent rating for PTSD in addition to his other disabilities.

UNFITTING CONDITION
VASRD CODE
TDRL RATING
PERM
RATING
Post –Traumatic Stress Disorder
9411
50%
30%
Marked limitation of R ankle
    5271
      20%
20%

COMBINED
60%
40%
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)                                  AR20150010726



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