IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015742
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 considered the appropriateness of changes in the applicant's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP considered that the applicant had been diagnosed with and was being treated for anxiety disorder beginning at the time of entry into the Disability Evaluation System and that the diagnosis continued to be recorded during the applicants processing through the Medical Evaluation Board (MEB) and PEB. The applicants diagnosis had not been changed. Therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP extensively discussed the application of VASRD section 4.129. The majority of the members concluded that the provisions of VASRD section 4.129 were not applicable in this case citing the absence of corroborative evidence as to the applicants subjective clinical reports. Although SRP members' consensus was that despite the applicants long-termed presence of a variety of stressors, none would support VASRD section 4.129 criteria of a single event occurring to be severe enough to bring the applicants release from active military service.
5. The SRP considered if there was evidence for a VASRD 4.130 rating higher than 50 percent at time of permanent retirement based upon the final Temporary Disability Retired List (TDRL) examination. The SRP deliberated between 50 percent (PEBs rating) or 70 percent. The SRP agreed that the final examination findings of the applicants mood being described as good and stable coupled with the ability to establish and maintain a dating relationship do not significantly correlate with the 70 percent rating level.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the diagnosis of anxiety disorder with a permanent impairment rating of 50 percent was appropriate.
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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