IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20140002626
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 MH 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 a majority vote, that there should be no change of the applicants disability and retirement determination. The single voter of dissent, who recommended a 70 percent rating at Temporary Disability Retired List (TDRL) entry, elected not to submit a minority opinion.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Disability Evaluation System (DES).
3. The SRP noted the evidence of the available records show a diagnosis of anxiety disorder was rendered by providers in the DES and no change to that diagnosis was made at any lime. It was apparent; however, that the applicant's Department of Veterans Affairs (VA) provider did diagnose him with Post-Traumatic Stress Disorder (PTSD). The SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also considered whether the provisions of the VA Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130. The evidence supported that the informal reconsideration physical evaluation board (PEB) did appropriately apply VASRD Section 4.129 in this case and rated the applicant at 50 percent and entered him into the TDRL status. The SRP next considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of the applicant's placement on the TDRL.
5. After due deliberation in consideration of the preponderance of evidence, the SRP majority agreed that the evidence supported a 50-percent rating at the time of the applicant's TDRL entry.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140002626
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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