AR20150010079

IN THE CASE OF:

BOARD DATE: 16 July 2015

DOCKET NUMBER: AR20150010079

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 to the applicant’s disability and retirement determination.

2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System. The evidence of the available records showed the diagnoses of Post-Traumatic Stress Disorder (PTSD) and depression not otherwise specified (NOS). The Physical Evaluation Board (PEB) combined the conditions; however, since MH conditions are rated based on functional impairment and not diagnosis the SRP determined that no MH diagnosis was 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 MH Review Project.

3. The SRP agreed that PEB adjudication of unfitting PTSD with depressive disorder was supported by the evidence, and was the appropriate diagnosis. The SRP noted the application of the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were appropriately applied for application at Temporary Disability Retired List (TDRL) placement. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of placement on the TDRL.

4. The SRP noted at TDRL placement, the PEB judged his condition was consistent with a 10 percent rating for transient symptoms, which was consistent with the findings of the psychiatric narrative summary. The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The SRP considered the record in evidence did not support a rating higher than 50 percent for TDRL placement and there was insufficient evidence for recommending a 70 percent TDRL placement rating.

5. At the time of permanent retirement, the SRP agreed that the record adequately demonstrated the applicants condition was stable and the applicant functioned without any significant impairment. The SRP members agreed the applicants condition did not reflect a disability rating higher than the 10 percent disability rating criteria. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions at TDRL placement or permanent 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont) AR20150010079

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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