IN THE CASE OF:
BOARD DATE: 22 January 2014
DOCKET NUMBER: AR20130020959
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 in the applicant's MH diagnosis, but the MH Temporary Disability Retired List (TDRL) rating should be increased to 50 percent. The SRP also recommended no change in the applicant's MH permanent disability rating.
2. The SRP considered the appropriateness of changes in MH diagnoses; whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130.
3. The SRP considered the appropriateness of changes in MH diagnoses. The SRP noted the confliction in MH diagnosis in the narrative summary and medical evaluation board evaluations but unanimously agreed that the physical evaluation board (PEB) "anxiety" diagnosis based on the psychiatry addendum was appropriate and provided no disadvantage to the applicant. The SRP also determined this case did meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP reviewed the decision of the PEB to place the applicant on the TDRL with a 10-percent disability rating citing the instability of the MH condition. The SRP also noted this rating was subsequently changed to 50 percent. The SRP found no predominance of evidence in the records to support a higher rating than 50 percent at TDRL entry. The PEB examination upon which this was based is not in evidence.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously agreed that there was insufficient evidence to support a higher rating.
6. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by increasing the MH TDRL entry rating to 50 percent.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of the application that pertains to any change in the applicant's MH diagnoses and no change in the applicant's MH permanent disability rating.
__________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) AR20130020959
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