IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010498
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the 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 Department of Defense 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 separation determination.
2. The SRP noted that there were no changes in the Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD diagnoses during the Disability Evaluation System (DES) process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 (mental disorders due to traumatic stress) were applied by the physical evaluation board (PEB) as directed by Department of Defense (DoD) policy (placement on the Temporary Disability Retired List (TDRL) with a minimum rating of 50 percent for a minimum period of 6 months). The SRP considered if there was evidence for a Section 4.130 rating higher than 50 percent at time of placement on the TDRL, and the PEBs identical final disability retirement rating. The SRP did not find evidence for the higher 70 percent rating at the time of placement on TDRL.
3. The SRP noted that the applicants record did not show occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work-like setting); or inability to establish and maintain effective relationships.
4. The SRP noted the evidence of records shows the applicant was living with his spouse of 4 years and her teenage son. The applicant was a full-time college student and had two friends. He was not working due to a shoulder injury, not due to his psychiatric symptoms. The commanders statement on 3 June 2010 noted the applicant was able to perform his military duties, appropriate for his grade and military occupational specialty (MOS), and he did not adversely affect the unit accomplishing its mission. The only noted problem was a 2-day unexplained absence due to the applicants arm pain and numbness, not due to an MH condition, when he was asked to and did not report back after seeking medical attention for his arm. The commander noted that there were no deficiencies in his job performance and recommended retention.
5. The SRP later turned its attention to the permanent disability retirement rating of 50 percent. The SRP did not find evidence of a worsening of the applicants clinical condition to support the higher 70 percent rating.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP conclude that the applicant could have improved at the time of examination, but had clinically unchanged functional abilities from the time of placement onto the TDRL.
7. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010498
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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