IN THE CASE OF: BOARD DATE: 2 April 2014 DOCKET NUMBER: AR20140003669 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 in order 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 of the applicant’s temporary disability determination at Temporary Disability Retired List (TDRL) placement. 2. The SRP considered the appropriateness of changes in the MH diagnoses, physical evaluation board (PEB) fitness determination; whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130. 3. The SRP reviewed the records for evidence of changes or elimination of diagnosis of the MH condition to the applicants disadvantage during processing through the Integrated Disability Evaluation System (IDES) pilot program and found none. 4. The SRP agreed that the applications of VASRD Section 4.129 and VARSD Section 4.130 were appropriate and found no diagnostic variance between the PEB and the Department of Veterans Affairs (VA) proceedings. The applicant therefore did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. 5. The SRP also considered if a 70 percent rating, the next higher rating under code 9411, in accordance with VASRD Section 4.130, was supported by the record in evidence for the MH condition. The SRP noted references to suicidal ideation in both the medical evaluation board and VA examinations, a clinical feature that would support the 70 percent rating. 6. After due deliberation in consideration of the preponderance of evidence, the SRP unanimously agreed the evidence supported that the applicant was not suicidal at the time of TDRL placement. The SRP found no other evidence in the record in support of a rating higher than 50 percent for TDRL entry and no creditable evidence that he was removed from TDRL. At the time of the advisory no recommendation for a permanent rating was made. 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 that 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1