BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012617
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 applicants 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 applicants case, the SRP determined by unanimous vote that there be no change of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of post-traumatic stress disorder (PTSD) and cognitive disorder were rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnosis and therefore determined that 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 Mental Health Diagnosis Review Project. The PTSD and cognitive disorder were not separately ratable since such ratings would be based on the same social and occupational impairment, which is prohibited by the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.14 (avoidance of pyramiding; the granting of more than one rating for the same impairment).
3. The SRP noted that the Physical Evaluation Board (PEB) assigned a disability rating of 50 percent with appropriate application of VASRD Section 4.129 (Mental disorders due to traumatic stress). The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the Temporary Disability Rating List (TDRL). A disability of 70 percent required deficiencies in most areas. There was no record in the evidence of intermittently abnormal speech, no impaired impulse control, no near-continuous panic or depression, and no spatial disorientation. The SRP concluded the record in evidence did not support a higher than 50 percent rating at TDRL entry and there was insufficient reasonable doubt for recommending a 70 percent TDRL entry rating.
4. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant continued to meet diagnostic criteria for PTSD. He remained symptomatic, but stabilized with medications and therapy. There was no reported history of persistent suicidal or homicidal thoughts, plan, intent, or attempts. There was no indication of a pattern of alcohol abuse. There was no report of legal problems. There was no report of domestic violence or violence outside of the home. His mental status exam recorded no impairment in judgment, noted no evidence of psychosis, and no issues in orientation or hygiene.
5. After due deliberation in consideration of VASRD Section 4.3, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of 30 percent for the MH condition.
6. The available evidence shows the SRPs 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150012617
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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