IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20140005003
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 Department of Defense (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 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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the mental health condition during processing through the military Disability Evaluation System (DES). The evidence of the available records show that diagnoses of anxiety disorder not otherwise specified (NOS) and major depressive disorder (MDD) were rendered and consistently applied throughout the DES process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP noted that regardless of final Physical Evaluation Board (PEB) diagnosis, the Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 does not specify a diagnosis of Post-Traumatic Stress Disorder (PTSD), rather it states mental disorder due to a highly stressful event, and its application is not restricted to PTSD.
4. The SRP noted that the PEB based their 50 percent rating for Temporary Disability Retired List (TDRL) entry on the Medical Evaluation Board narrative summary exam and it was consistent with the Department of Veterans Affairs (VA) proposed rating. Additionally, the SRP noted that the VA Compensation and Pension exam was not available for review; however, the VA rating decision indicated that a 50 percent rating was granted for MDD (claimed as PTSD) in accordance with the VASRD section 4.130.
5. The SRP reviewed the file for evidence that a higher 70 percent rating should have been granted upon TDRL entry. The SRP members agreed that the applicant did not meet the criteria for the 70 percent rating.
6. 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 of the applicant's anxiety disorder NOS and MDD at TDRL entry.
7. The available evidence shows the SRP's 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) AR20140005003
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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