IN THE CASE OF:	   

		BOARD DATE:	  6 August 2014

		DOCKET NUMBER:  AR20140011794 


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 considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable’ and whether a disability rating recommendation in accordance with VASRD section 4.130 was made. 

3.  The SRP first considered the diagnosis.  It noted that the applicant was diagnosed with Post-Traumatic Stress Disorder and major depressive disorder both while in the Disability Evaluation System and by the VA.  Therefore, the SRP determined that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

4.  The applicant was adjudicated in accordance with VASRD section 4.129 at Temporary Disability Retired List (TDRL) entry by both the PEB and the VA.  The SRP then considered if a higher rating was justified with application of VASRD section 4.130 at either TDRL entry or exit.  The next higher rating requires “Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood."

5.  The SRP observed that the PEB psychiatrist used the description for a 50 percent rating at TDRL entry and that the VA determined that the applicant did not meet the 50 percent disability level based on evaluations after TDRL entry.

6.  After consideration of all the evidence, the SRP determined that a rating higher than the 50 percent disability rating adjudicated by the PEB for both TDRL entry and exit is not supported. 

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)                                  AR20140011794



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