IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130020845
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system.
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 his disability or medical retirement.
2. The SRP reviewed the records for evidence of inappropriate changes in the MH conditions during processing through the Integrated Disability Evaluation System (IDES). The applicant was diagnosed as having major depressive disorder (MDD), anxiety disorder, and adjustment disorder.
3. The SRP determined that the MH diagnoses were not changed to the applicant's possible disadvantage in the disability evaluation. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed that PEB adjudication of unfitting MDD and anxiety disorder was well supported by the evidence and that the applicant met the criteria for MDD.
5. The Department of Veterans Affairs indicated a diagnosis of Post-Traumatic Stress Disorder (PTSD) prior to separation but did not clearly describe if the criteria was met prior to his retirement.
6. The SRP considered if there was evidence for a higher rating than the
50 percent that was adjudicated by the PEB and agreed the record in evidence did not support a higher rating at the time of his retirement.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously concluded that there was insufficient cause to recommend a change in the PEB diagnoses; and the SRP majority concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions.
8. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020845
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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