IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019226
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health Special Review Panel (SRP).
CONSIDERATION OF EVIDENCE:
1. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. A copy of the SRP recommendation was forwarded to the applicant.
2. The Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health 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 applicants case, the SRP determined by unanimous vote that there be no change to the applicants disability and Temporary Disability Retired List (TDRL) status.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the Disability Evaluation System. The evidence of the available records show the diagnoses of depression, adjustment disorder with disturbance of emotions and conduct, and Post-traumatic Stress Disorder (PTSD) were rendered; however, the SRP agreed there were no inappropriate changes in diagnoses since PTSD is a more serious condition than depression and there is significant overlap of symptoms in the two conditions. The SRP determined mental health diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP considered whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) §4.129 were met and the §4.130 rating on TDRL entry. Since the PEB placed the applicant on the TDRL with a rating greater than 50%, the provisions of VASRD §4.129 (mental disorders due to traumatic stress) were met. The SRP also considered if there was evidence for a §4.130 rating higher than 70% at time of placement on the TDRL.
4. The SRP agreed the record in evidence sufficiently supported the 70% rating on TDRL entry and there was insufficient reasonable doubt (in accordance with VASRD §4.3 or §4.7) for recommending a 100% TDRL entry rating.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants mental health conditions.
6. The available evidence shows the SRPs 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 that 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) AR20130019226
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