IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013452
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a 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 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 at Temporary Disability Retired List (TDRL) entry.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the military Disability Evaluation System. The evidence of the available records show a diagnosis of major depressive disorder (MDD) with anxiety disorder rendered and the SRP agreed the appropriate diagnosis and there was no change; therefore, the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SPR determined that regardless of final physical evaluation board (PEB) diagnosis, the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 did not specify a diagnosis of post-traumatic stress disorder (PTSD), rather it stated mental disorder due to a highly stressful
event and its application was not restricted to PTSD. After review of the evidence, the SRP concluded there was not sufficient evidence to support a conclusion that a highly stressful event severe enough to bring about the veterans release from active military service occurred and that the application of VASRD Section 4.129 was not appropriate in this case.
4. The SRP later reviewed the record for evidence that at TDRL entry rating greater than 30 percent was supported. At TDRL entry, the applicant did not manifest abnormalities in speech, judgment, and memory required for the 50 percent rating. He described his marriage as warm, close and supportive and he was enrolled in college level courses. His mood was depressed and his affect constricted, however, there was no documentation of panic attacks or suicidal ideation. He had stopped participating in some of his hobbies due to the MH symptoms but he did socialize somewhat with friends from his unit. Although there was evidence of post-separation worsening, the VA also rated the applicants MH condition at 30 percent just over 12 months after separation.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed, that mindful of VASRD Section 4.3 (reasonable doubt), there was insufficient cause to recommend a change in the PEB adjudication for the MDD with anxiety disorder condition at TDRL entry
6. 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) AR20140013452
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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