IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013542
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 unanimous vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records recorded no inappropriate changes in diagnoses to the applicant's possible disadvantage during the DES process. The SRP acknowledged the Post-Traumatic Stress Disorder (PTSD) diagnosis made during the primary care screen prior to entry into the DES which was recorded by the clinician as having been made in error and agreed there was insufficient evidence in the clinical records to support a diagnosis of PTSD. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting major depressive disorder (MDD) was supported by the evidence, the diagnosis of MDD was the appropriate diagnosis, and application of the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were correctly applied at Temporary Disability Retired List (TDRL) entry.
4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of TDRL placement. The higher 70 percent rating is for "occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood." The SRP concluded there was insufficient evidence for recommending a TDRL entry rating higher than 50 percent. The SRP then considered the rating for TDRL exit. The SRP determined that the evidence did not support a rating higher than the 50 percent rating at TDRL exit.
5. After due deliberation and considering all of the evidence the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the MH condition at either entry or exit.
6. 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) AR20140013542
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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