BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160008467 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 a 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 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 recommended by unanimous vote that the applicant’s prior determination be modified effective as of the date of his prior medical separation: 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military disability evaluation system (DES) program. The available evidence shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) and Major Depressive Disorder were rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnosis and therefore, determined this applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. 3. The SRP noted the Physical Evaluation Board (PEB) characterized the covered individuals condition as PTSD with alcohol abuse and dependence, and major depression were assigned a disability rating of 30 percent. The SRP first considered if application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 with a 6-month (50 percent minimum) period on the Temporary Disability Retired List (TDRL) was indicated in this case. The SRP agreed that the provisions of VASRD Section 4.129 were applicable in this case due to the combat experiences. Disability associated with any psychiatric condition, regardless of the diagnosis or multiple diagnoses, was subsumed under a single rating using the same criteria in accordance with VASRD section 4.130 general rating formula for MH conditions. The SRP later considered if there was evidence for a VASRD Section 4.130 rating higher than the VASRD Section 4.129 minimum mandated 50 percent at time of TDRL placement. The SRP agreed that the VASRD Section 4.130 criteria for a rating higher than 50 percent were not met near the time of separation and therefore the minimum 50 percent initial TDRL rating was applicable. 4. The SRP concluded that the most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case was the psychiatric narrative summary examination performed 17 months before separation. There was no relevant Department of Veterans Affairs outpatient or civilian provider providing psychiatric details during the 6-month interval. The SRP considered if a rating higher than the 30 percent adjudicated by the PEB was justified. The 50 percent rating required “reduced reliability and productivity.” The applicant was employed as a factory worker but continued to experience symptoms of anxiety and depression for which he was taking medication. No 50 percent threshold symptoms were in evidence. 5. After due deliberation in consideration of the preponderance of the evidence and mindful of VASRD Section 4.3 (reasonable doubt), the SRP recommended a retroactive 6-month constructive TDRL placement rating of 50 percent and no change to the previously assigned permanent disability rating of 30 percent for the PTSD after removal from the TDRL. 6. The available evidence shows the SRP’s assessment should be accepted. BOARD VOTE: __x______ __x______ __x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicant’s prior determination as indicated below: UNFITTING CONDITION VASRD CODE TDRL RATING PERMANENT RATING Posttraumatic Stress Disorder 9411 50% 30% Degenerative Arthritis 5242 10% 10% Right Knee Pain 5099-5003 10% 10% COMBINED 60% 40% _________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.