IN THE CASE OF:
BOARD DATE: 22 October 2014
DOCKET NUMBER: AR20140016190
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 also states that her disability decreased from 70 percent to 40 percent due to her MH diagnosis. Additionally, she states "her MH disorder will continue and has not changed."
4. 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. The DD Form 2808 (Report of Medical Examination) noted an MH diagnosis of Anxiety with depression component and both the Temporary Disability Retired List (TDRL) entry and removal psychological narrative summary diagnosed depressive disorder not otherwise specified (NOS).
3. The SRP noted that the Medical Evaluation Board forwarded depression NOS and the PEB adjudicated mood disorder NOS at both TDRL entry and exit. The SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also noted that the PEB did not apply VASRD section 4.129 and agreed that was appropriate in this case as there was no causative "highly stressful event," but nonetheless the PEB placed the applicant on the TDRL with a 50 percent rating.
5. The SRP considered if there was evidence in the record to support a rating greater than 50 percent at TDRL entry (occupational and social impairment with reduced reliability and productivity). The criterion for 70 percent requires occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The SRP agreed that the applicants disability due to the MH condition at TDRL entry more closely met the 50 percent evaluation. After due deliberation in consideration of the available evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the MH condition at TDRL entry.
6. The SRP also considered if there was evidence in the record to support a rating at TDRL removal greater than 10 percent. The criterion for 30 percent requires occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. The SRP agreed that the applicants disability due to MH symptoms at TDRL removal more closely met the 10 percent rating in accordance with VASRD section 4.130.
7. After due deliberation in consideration of the available evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH condition at the time of TDRL removal.
8. 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) AR20140016190
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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