BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011596
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 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 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 applicants case, the SRP determined by unanimous vote that there should be no change in the applicants disability and separation determination at Temporary Disability Retired List (TDRL) entry.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination and if unfitting, whether the provisions of the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, with a disability rating recommendation in accordance with VASRD Section 4.130 if appropriate. The SRP reviewed the records for evidence of inappropriate changes or elimination of MH diagnoses during Integrated Disability Evaluation System (IDES) processing and found none. Therefore, the SRP concluded the applicant did not appear to meet the inclusion criteria of the MH Review Project Terms of Reference.
3. The SRP next considered whether there was evidence to support a rating
greater than 70 percent (social and occupational impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood) at TDRL entry and concluded there was not. The available evidence indicated the applicant, though having difficulties due to his combined MH conditions, was in a stable marriage, was working and performing in his Military Occupation Specialty (MOS), had not missed any work in the 12 months prior to the VA Compensation and Pension (C&P) Disability Evaluation System (DES) examination, and there was no evidence in the record that he missed work after that time and before separation. The level of functioning documented in the available evidence of record was clearly not commensurate with a 100 percent disability rating.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication for the MH condition at TDRL entry. The SRP confirmed that, at the time of the SRP review, the applicant remained on the TDRL, with permanent adjudication by the PEB to occur at a future date.
5. 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
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ABCMR Record of Proceedings (cont) AR20140011596
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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