IN THE CASE OF:
BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20140008940
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:
. 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 applicant's 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 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 considered the appropriateness of changes in the MH diagnoses;
Physical Evaluation Board (PEB) fitness determination; and if unfitting, 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 reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Disability Evaluation System and found none.
4. The diagnoses of major depressive disorder and generalized anxiety disorder were consistent throughout the disability evaluation process. The SRP agreed that the PEB adjudication of the two conditions as one unfitting condition, major depressive disorder (MDD) associated with a generalized anxiety disorder (GAD), was in accordance with VASRD section 4.130 as only one disability rating can be given for an MH condition based on occupational and social impairment. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.
5. The SRP noted that the applicant was placed on Temporary Disability Retired List (TDRL) because the MH condition was not sufficiently stabilized for permanent adjudication and not in accordance with VASRD section 4.129. The SRP agreed that application of VASRD section 4.129 was not applicable in this case.
6. The SRP considered if there was evidence for a higher rating than 30 percent at the time of placement on the TDRL. The SRP agreed the evidence in the record did not support a higher rating at TDRL entry. Therefore, the 30% rating is applicable. The SRP recommends no change to the PEB adjudication of the applicant's MH condition at TDRL entry.
7. The SRP next reviewed if there was a preponderance of evidence for a rating higher than 30 percent at the time of TDRL exit. The SRP agreed the evidence in the record did not support a higher rating at permanent separation and that the 30 percent rating is applicable.
8. After due deliberation in consideration of the evidence in the record, the SRP recommends no change to the PEB adjudication of the applicant's MH condition at permanent separation.
9. 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) AR20140008940
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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