BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013545
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 at Temporary Disability Retired List (TDRL) entry.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows the Medical Evaluation Board (MEB) diagnoses of anxiety disorder not otherwise specified (NOS) and depressive disorder NOS and the Department of Veterans Affairs (VA) compensation & pension examination diagnoses of major depressive disorder (MDD) secondary to complicated bereavement, panic disorder, alcohol abuse, caffeine abuse, and Post-Traumatic Stress Disorder (PTSD) were rendered.
3. The SRP noted that the applicants anxiety disorder NOS and PTSD are both on the anxiety disorder spectrum and would be rated in the same way based on the severity in accordance with VA Schedule for Rating Disabilities (VASRD) section 4.130. Therefore, the SRP concluded there were no inappropriate MH diagnoses changed to the applicant's possible disadvantage in the disability evaluation processing. Therefore, the applicant did not to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder with comorbid MDD was the appropriate diagnosis. The PEB correctly applied VASRD section 4.129 for reexamination purposes and the applicant was placed on TDRL with a 50 percent disability rating.
5. The SRP next considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of the applicants placement on the TDRL. The higher 70 percent rating is for "occupational and social impairment, with deficiencies in most areas." The SRP considered the record in evidence and determined that there was insufficient evidence for recommending a 70 percent TDRL entry rating and the evidence best supported the 50 percent disability rating.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant's TDRL rating of 50 percent for the MH conditions.
7. 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) AR20140013545
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