IN THE CASE OF:	  

		BOARD DATE:	  17 September 2014

		DOCKET NUMBER:  AR20140013569 


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 diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES).  The evidence of the available records shows a diagnosis of anxiety disorder or Post-Traumatic Stress Disorder (PTSD) was rendered and the SRP agreed there was no inappropriate change or elimination of the diagnosis.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.

3.  The SRP noted that the Physical Evaluation Board’s (PEB) Temporary Disability Retired List (TDRL) entry adjudication applied the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and granted a TDRL entry rating of 50 percent for the PTSD.  The SRP reviewed the evidence and agreed that the applicant did not meet the Criteria A stressor for PTSD; however, because the PEB adjudicated the PTSD condition as unfitting, the SRP reviewed the entire record for evidence that a rating greater than 50 percent should have been granted at TDRL entrance. 

4.  The SRP concluded that the evidence does not support that the applicant manifested the occupational and social impairment, with deficiencies in most areas such as work, school, family relations, judgment, thinking or mood as required for the 70 percent rating under VASRD section 4.130.  Additionally, the PEB adopted the VA proposed rating of 50 percent at TDRL entry.

5.  The SRP considered the Traumatic Brain Injury (TBI) diagnosis for a possible rating recommendation at TDRL entry.  The neurology addendum addressed this diagnosis and documented that the applicant’s symptoms are consistent with a Level 1 disability for subjective symptoms and result in a 10 percent rating which would confer no benefit to the applicant.  Additionally, the rating criteria for TBI states that emotional/behavioral dysfunction is appropriately evaluated under VASRD section 4.130 as the PEB adjudicated.

6.  After due deliberation in consideration of the preponderance of the evidence, the SRP agree that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD condition at TDRL entry.

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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ABCMR Record of Proceedings (cont)                                  AR20140013569



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