IN THE CASE OF:	   

		BOARD DATE:	  7 May 2014

		DOCKET NUMBER:  AR20140005778 


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.  He contends that the percentage awarded for the loss of his left eyesight should be 100 percent.

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 the diagnosis of the MH condition during processing through the military Disability Evaluation System.  The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage during the disability evaluation process and therefore the applicant does not meet the inclusion criteria in the MH review project terms of reference.

3.  The SRP surmises that the physical evaluation board (PEB) applied the general rating formula for mental disorders to arrive at its 30-percent rating as the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) specifically states, "Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma."  Upon removal from the Temporary Disability Retirement List (TDRL), the MH component of the applicant's traumatic brain injury (TBI) was largely resolved.

4.  The SRP notes the VASRD in effect at the time of placement on and removal from the TDRL did not contain the specific TBI rating criteria present in the current VASRD.  The SRP also noted that application of current VASRD TBI-specific rating criteria at the time of TDRL removal would also have resulted in a 10-percent rating.

5.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH condition.

6.  Although the applicant contends the percentage awarded for the loss of his left eyesight should be 100 percent, the SRP only addressed his MH conditions in accordance with the DOD directive.  Moreover, the applicant's PEB did not show any condition for the loss of eyesight that may have been unfitting at the time.

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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ABCMR Record of Proceedings (cont)                                  AR20140005778



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