IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011800
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 majority vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP carefully considered all available evidence. The applicant was seen on numerous occasions for MH problems. The SRP noted that the applicant was given several MH diagnoses including adjustment disorder, anxiety disorder, pain disorder, somatoform disorder, depressive disorder, and dysthymic disorder. As noted above, the applicants MH diagnoses were changed during the Integrated Disability Evaluation System (DES) process. However, the changed diagnosis was not specified in the MH Review Project Terms of Reference. Therefore, the SRP determined that the applicant did not meet the inclusion criteria in the Terms of Reference.
3. The SRP then considered the appropriateness of the changes in MH diagnoses. The diagnostic variance memorandum clearly explained and justified why cognitive disorder was dropped from the applicants list of MH diagnoses. Furthermore, neuropsychological testing had found no evidence of cognitive disorder. Therefore, the SRP determined that the changes in MH diagnoses were appropriate as each examiner had conducted a thorough evaluation and had given the diagnosis which they felt best described the applicants MH status at that time.
4. The SRP then discussed the provisions and applicability of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129. After due deliberation, the SRP determined that based on the evidence and in accordance with VASRD section 4.130, 30 percent was an appropriate permanent rating recommendation. Although the applicant was generally functioning satisfactorily with routine behavior, self-care, and conversation was normal, the applicants MH symptoms could cause occasional occupational and social impairment, with a decrease in work efficiency and intermittent inability to perform certain tasks. Therefore, the SRP by majority decision could not find sufficient cause to justify a change in the Physical Evaluation Board adjudication of the unfitting MH condition. The single voter for dissent did not elect to submit a minority opinion.
5. 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
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ABCMR Record of Proceedings (cont) AR20140011800
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