IN THE CASE OF
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010723
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.
4. The applicant also states he was not rated for anxiety disorder, depressive disorder, hypertension, diabetes, and a sleep disorder. He further states, that Post-Traumatic Stress Disorder was not addressed during his medical evaluation, although all symptoms were there.
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 majority vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP directs attention to its rating recommendation based on the evidence. Throughout the service treatment record, there was no evidence to link the head trauma with the early onset of dementia. After review of the file, the SRP members agree that there was insufficient evidence to support that a highly stressful event severe enough to bring about the applicants release from active military service occurred. Therefore, the application of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 is not appropriate.
4. The SRP considered the most appropriate disability rating in accordance with VASRD section 4.130 criteria at Temporary Disability Retired List (TDRL) entrance and exit for its rating recommendations. The Physical Evaluation Board (PEB) initially rated the dementia condition at 50 percent at TDRL entrance.
5. The SRP noted that the U.S. Army Physical Disability Agency (USAPDA) prepared a modification memo which assigned a 30 percent rating for the dementia condition based on the applicants satisfactory duty performance as documented on his evaluation report dated 11 months prior to TDRL entry. Additionally, the USAPDA memo contained information obtained directly from both of the applicants commanders prior to TDRL entry. The PEB then administratively corrected the adjudication to the reduced 30 percent rating at TDRL entry.
6. The SRP reviewed the file for evidence and determined that the applicants dementia disability did not exceed the 30% rating at TDRL entrance. The SRP members agree that considering all of the evidence there was insufficient cause to recommend a change in the PEB adjudication for the dementia condition at TDRL entry.
7. The SRP next considered the TDRL exit rating of 50 percent and reviewed the file for evidence and determined that the applicants disability did not exceed 50 percent at TDRL exit. A consensus of the SRP agrees that considering the preponderance of the evidence there was insufficient cause to recommend a change in the PEB adjudication for the dementia condition at TDRL exit.
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) AR20140010723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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