IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20140009076
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 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, 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. The evidence of the available record shows diagnoses of Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD) were rendered and the diagnosis of PTSD was eliminated during processing through the Integrated Disability Evaluation System.
3. The SRP agreed that the service psychiatrists review, which documented diagnostic information more current than the VAs compensation and pension exam, accurately reflected a diagnosis of MDD. In its rating recommendation, the VA likewise concluded that MDD was the appropriate diagnosis. Therefore, the applicant did not meet the criteria in the Terms of Reference of the MH Review Project.
4. The SRP determined that an MH diagnosis was eliminated to the applicants possible disadvantage in the disability evaluation; however, the diagnosis was appropriately eliminated. The SRP furthermore concluded that sufficient evidence supports that a highly-stressful event severe enough to bring about the Veterans release from active military service did occur and that the application of VASRD section 4.129 by the VA was appropriate in this case.
5. The SRP deliberated if there was evidence for a higher-than-50 percent rating at the time of placement on Temporary Disability Retired List (TDRL). The SRP agreed that a higher rating was not supported.
6. After due deliberation in consideration of preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the Physical Evaluation Board adjudication for the applicants MH condition.
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 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) AR20140009076
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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