BOARD DATE: 18 June 2014
DOCKET NUMBER: AR20140008291
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 a 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 applicant's case, the SRP determined that there should be no change to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, Physical Evaluation Board (PEB) fitness determination, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP considered the appropriateness of the changes in the applicant's MH diagnoses and a disability rating recommendation in accordance with VASRD section 4.130. The Medical Evaluation Board forwarded the MH diagnoses of major depressive disorder and anxiety disorder not otherwise specified to the PEB for adjudication.
4. The SRP observed that the PEB adjudicated the applicant for the same diagnosis at Temporary Disability Retired List (TDRL) entry. However, the SRP noted that the applicant had carried the MH diagnosis of Post-Traumatic Stress Disorder (PTSD) for several years at the time of TDRL entry. Therefore, the applicant did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP determined that while the PTSD diagnosis was eliminated during processing through the Disability Evaluation System, the severity of the diagnosis did not change and the elimination was without impact on the level of disability awarded.
6. The SRP then considered the evidence for a higher rating than 50 percent adjudicated at time of placement on constructive TDRL. The SRP noted the description of both the 50 percent and 70 percent levels of disability, respectively, for occupational and social impairment with reduced reliability and productivity and for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP determined that the disability in evidence did not exceed the 50 percent level and concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH condition.
8. 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 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) AR20140008291
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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