BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012399
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 also applicant states, Traumatic Brain Injury (TBI) and related complications were deleted from the second Department of Veterans Affairs (VA) exam.
4. 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 there should be no change to the applicant's disability and retirement determination.
2. The SRP noted that the Integrated Disability Evaluation System (IDES) process was terminated shortly after recommendation by the Physical Evaluation Board (PEB) for Temporary Disability Retired List (TDRL) placement due to the approved Continuance of Active Duty (COAD) and ensuing 20 year military retirement. All applicants with unfitting medical conditions placed on COAD for greater than 6 months are mandated to undergo a Physical Disability Evaluation System (PDES) process, beginning within 6 months of COAD separation.
3. The SRP next reviewed the applicants Service Treatment Record and IDES evidence to determine the appropriateness of any changes in: MH diagnoses, PEB fitness determination, applicable VA Schedule for Rating Disabilities (VASRD) section 4.129 provisions, and disability rating recommendation in accordance with VASRD section 4.130.
4. The SRP determined there were no inappropriate changes or elimination of diagnosis of the Post-Traumatic Stress Disorder (PTSD) MH condition. Though the VA Compensation and Pension MH examiner noted two AXIS I diagnoses of PTSD and cognitive disorder secondary to TBI, it was also noted that the overlapping symptoms of each disorder could not be delineated from each other. The PEB considered the cognitive disorder diagnosis and requested diagnostic clarification. A diagnostic variance did not support the diagnosis of cognitive disorder not otherwise specified. Therefore, the SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage and VASRD section 4.129 and VASRD section 4.130 were appropriately applied.
5. The SRP unanimously agreed that this applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. In accordance with VARSD section 4.129, he met the 50 percent disability criteria for the condition of PTSD at TDRL placement which was terminated due to his approved COAD and ensuing military 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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ABCMR Record of Proceedings (cont) AR20150012399
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