IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130021767
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.
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 in the Physical Evaluation Board (PEB) adjudication for the applicant's mental health (MH) conditions at the time of Temporary Disability Retired List (TDRL) entry or permanent retirement.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows a diagnosis of Major Depressive Disorder (MDD) as the only MH diagnosis rendered. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the DES. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
3. The SRP agreed that the PEBs adjudication of the unfitting MDD was supported by the evidence. The applicant fully met the criteria for MDD and therefore the diagnosis of MDD, chronic, was the appropriate diagnosis. The SRP considered the record in evidence best supported the 30 percent rating at TDRL entry and that there was insufficient evidence for recommending a 50 percent TDRL entry rating.
4. After due deliberation in consideration of the preponderance of evidence, the SRP unanimously agreed that at the time of permanent retirement, approximately 5 years after TDRL entry, the record adequately demonstrated that the applicant's symptoms of depression had worsened and that the applicants symptoms best reflected the criteria for the 50 percent disability rating.
5. 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) AR20130021767
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