IN THE CASE OF:
BOARD DATE: 7 May 2014
DOCKET NUMBER: AR20140005723
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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants disability and medical 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 the only diagnosis rendered during the DES process was schizoaffective disorder, depressed type; therefore, the SRP determined that the mental health diagnoses was not changed to the applicant's possible disadvantage in the disability evaluation. 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 physical evaluation board (PEB) adjudication of unfitting schizoaffective disorder, depressed type, was well supported by the evidence. The applicant fully met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV) Text Revision diagnostic criteria for schizoaffective disorder, depressed type; therefore, the diagnosis of schizoaffective, depressed type, was the appropriate diagnosis and the application of the provisions of the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) Section 4.129 were correctly not applied in this case (mental disorders due to traumatic stress).
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at time of medical retirement. The higher 100 percent rating was for total occupational and social impairment, due to symptoms of gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others, and disorientation.
5. The SRP agreed at the time of medical retirement, the applicant displayed paranoid thinking, and some impairment in reality testing; however, used appropriate judgment demonstrated by seeking and complying with mental health treatment. He was hospitalized once, made no further suicide attempts in the remaining 8 months of enlistment, had no visits to the emergency room, and 4 months after separation, the VA exam noted good family relations, he was living on his own, working part-time, had not been hospitalized or seen in the emergency room for mental health issues, and noted overall improvement in functioning.
6. The SRP considered the record in evidence best supported the 70 percent rating for permanent retirement and there was insufficient reasonable doubt (in accordance with VASRD Section 4.3 or Section 4.7) for recommending a 100 percent rating.
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 mental health condition at medical retirement.
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
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ABCMR Record of Proceedings (cont) AR20140005723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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