IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001859
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 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 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 should be no change of the applicants Temporary Disability Retirement List (TDRL) entry determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records show the diagnoses of adjustment disorder, depression and anxiety and Post-Traumatic Stress Disorder (PTSD) were rendered; however, the SRP agreed there were no inappropriate changes in diagnoses since PTSD was a more serious condition than depression (or other anxiety disorders) and there was significant overlap of symptoms in the conditions. There was no cognitive disorder (MH impairment or diagnosis) attributable to Traumatic Brain Injury.
3. The SRP determined the MH diagnoses were not changed to the applicant's possible disadvantage in the disability evaluation and the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP determined that since the Physical Evaluation Board (PEB) placed the applicant on the TDRL with a rating greater than 50 percent, the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 (mental disorders due to traumatic stress) were met. The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at time of placement on the TDRL.
5. The SRP noted the provisions of the VASRD Section 4.125 (diagnosis of mental disorders) and Section 4.126 (evaluation of disability from mental disorders) were part of Section 4.130 and all MH symptoms were considered in rating the applicant's PTSD (predominate MH condition) in accordance with the general rating formula for mental disorders. Only one MH rating for non-eating disorder MH condition was warranted regardless of multiple diagnoses.
6. The SRP determined the record in evidence did not support any rating higher than 70 percent for TDRL entry. The SRP also considered the provisions of DOD Instruction 1332.38, E3.P6., regarding potential permanent disability retirement versus TDRL entry for stable conditions "rated at a minimum of
80 percent and which were not expected to improve to less than an 80 percent rating." Given that the MH condition was not considered stable and had the potential to improve, the SRP adjudged that the PEB determination for TDRL was warranted.
7. 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 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) AR20140001859
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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