IN THE CASE OF:	  

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140015100 


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 a
diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES).  The evidence of the available records shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) and depressive disorder (subsuming anxiety, depression, and attention deficit hyperactivity disorder) diagnoses were rendered during processing through the DES.  The SRP agreed there were no changes in diagnosis and, therefore, determined 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 (PEB) assigned a disability rating of 50 percent without application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129.  The SRP further noted the provision was applicable in this case and that the applicant's non-psychiatric conditions combine to more than 80 percent and, therefore, the applicant was permanently retired.  The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at that time.  

4.  The SRP noted that a disability of 70 percent required occupational and social impairment, with deficiencies in most areas.  The SRP considered the record in evidence best supported the 50 percent rating.  There was insufficient evidence for recommending a 70 percent disability rating.  

5.  After due deliberation, considering all of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the MH conditions at the time of medical retirement.

6.  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)                                  AR20140015100



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