IN THE CASE OF: BOARD DATE: 6 August 2014 DOCKET NUMBER: AR20140011786 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 his prior separation be modified to reflect that he was placed on the Temporary Disability Retired List (TDRL) at 50 percent rather than 30 percent. The SRP recommends no change to the permanent 30 percent disability rating previously assigned. 2. The SRP reviewed the records for evidence of inappropriate changes in his diagnosis of a MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records show the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnoses and therefore, determined that the MH diagnoses were not changed to his 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 was supported by the evidence. The SRP, in compliance with the provisions of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129, noted the provision was applicable in this case and therefore, must assign a disability rating of not less than 50 percent for an initial period of 6 months following separation, with subsequent fitness and ratings based on the applicable evidence. 4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of TDRL entry. The next higher rating requires “occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.” The SRP concluded the record in evidence did not support a higher rating at TDRL entry. 5. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant continued to meet diagnostic criteria for PTSD. The SRP agreed that the applicant’s symptoms reflected the criteria for the 30 percent disability rating. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the application of VASRD section 4.129 was applicable in this case. The SRP further concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant’s permanent retirement rating of 30 percent for the MH conditions. 6. The available evidence shows the SRP's assessment should be accepted. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X____ ___X____GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be modified to reflect that the applicant was placed on the TDRL at 50 percent rather than 30 percent. 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the permanent 30 percent disability rating previously assigned. _______ _ 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) AR20140011786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1