AR20140000106

IN THE CASE OF:

BOARD DATE: 5 February 2014

DOCKET NUMBER: AR20140000106

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 11September 2001 and 30April 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 27February 2013, directed the Service Secretaries to conduct a review of MH diagnoses for service members completing a disability evaluation process between 11September 2001 and 30April 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 of the applicant’s disability and Temporary Disability Retirement List (TDRL) determination.

2. The SRP considered the appropriateness of changes in MH diagnoses and the physical evaluation board (PEB) fitness determination, and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section4.129, were applicable and a disability rating recommendation was made in accordance with VASRD, section4.130.

3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System. The SRP determined the MH diagnosis was not changed to the applicant’s possible disadvantage in the disability evaluation and he did not meet the inclusion criteria in the terms of reference of the MH Review Project.

4. The SRP noted that since the PEB placed the applicant on the TDRL with a disability rating of 70percent under the provisions of VASRD, section4.129 (Mental Disorders Due to Traumatic Stress) was met; however, the SRP also considered whether there was evidence for a section4.130 rating higher than 70percent at time of placement on the TDRL.

5. The SRP noted the next higher 100-percent rating required “total occupational and social impairment.” This rating included symptoms such as gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; disorientation to time and place; and memory loss for names of close relatives, own occupation, or own name. The SRP agreed that these criteria were not approached and therefore a rating higher than 70percent was not supported.

6. After due deliberation in consideration of the preponderance of evidence and mindful of VASRD, section4.3 (Reasonable Doubt), the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD condition.

7. 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) AR20140000106

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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