IN THE CASE OF: BOARD DATE: 12 March 2014 DOCKET NUMBER: AR20140002286 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 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 mental health diagnosis was changed during that process. 3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health 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 mental health 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 applicant’s case, the SRP determined by unanimous vote that there should be no change of the applicant’s disability and retirement determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's mental health (MH) condition during processing through the Disability Evaluation System (DES). The evidence of the available records did contain the diagnoses of undifferentiated somatoform disorder and anxiety disorder that was upgraded to Post-Traumatic Stress Disorder (PTSD) with somatoform (conversion) symptoms during the DES process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. 3. The SRP agreed that the physical evaluation board (PEB) adjudication of unfitting PTSD was supported by the evidence, but not to support the conclusion that a highly-stressful event occurred severe enough to bring about the Veteran's release from active military service; therefore, the application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was not appropriate in this case. 4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at time of placement on the Temporary Disability Retired List (TDRL). The higher 50 percent rating was for "Occupational and social impairment, with reduced reliability and productivity due to such symptoms.” The functional issues prior to TDRL entry did not support an entry rating higher than the PEB's 30 percent in accordance with the VASRD Section 4.130. 5. The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than the 50 percent permanent rating adjudicated by the PEB at time of the applicant's TDRL termination. Without evidence of delusions or hallucinations and possessing no danger of harming self or others, the 100 percent rating was not applicable. 6. The SRP noted the applicant did possess some characteristics of the 70 percent rating criteria but agreed that the intensity or degree of those characteristics did not rise to a level of meeting such criteria and more appropriately met the 50 percent rating criteria. There was no current suicidal ideation, obsessional rituals, illogic speech, near continuous panic attacks, or depression to a degree of non-independent function. 7. The SRP agreed at the time of permanent medical retirement the preponderance of evidence did not support a rating higher than the 50 percent rating adjudicated by the PEB. 8. 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 applicant's MH condition. 9. 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 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002286 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1