IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012802
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 there should be no change to the applicant's disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Physical Disability Evaluation System (PDES). The evidence of the available records shows diagnoses of post-traumatic stress disorder and anxiety disorder were rendered during the PDES process. No diagnostic variance was in evidence. The medical evaluation board (MEB) forwarded the MH diagnosis of anxiety disorder to the physical evaluation board (PEB) for adjudication. The PEB adjudicated the applicant for anxiety disorder, not otherwise specified because he did not meet the criteria for PTSD. The SRP determined that because the service acknowledged the PTSD condition, with application of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129, there is no question regarding an unfavorable elimination or downgrading of an MH diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.
3. The SRP considered the MH diagnosis and determined that the preponderance of evidence supported a diagnosis of anxiety disorder at Temporary Disability Retirement List (TDRL) placement. The PEB assigned a 70 percent rating (higher than the minimum 50 percent rating allowed by VASRD section 4.129), but the SRP must consider whether the VASRD section 4.130 criteria for a 100 percent rating is reasonably satisfied by the evidence at TDRL placement. The higher 100 percent rating is for total occupational and social impairment. There were no 100 percent threshold symptoms, such as gross impairment in thought processes or communication, grossly inappropriate behavior, or disorientation to time or place.
4. The SRP agreed that the commanders statement and MEB exam clearly provided no support for a rating higher than 70 percent and no rating lower than 70 percent could be rendered. Panel members agreed, mindful of VASRD section 4.3 (that there was insufficient cause to recommend a change in the PEBs rating at the time of placement on TDRL for anxiety disorder.
5. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150012802
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