IN THE CASE OF:
BOARD DATE: 23 October 2013
DOCKET NUMBER: AR20130015983
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health Special Review Panel (SRP).
CONSIDERATION OF EVIDENCE:
1. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. A copy of the SRP recommendation was forwarded to the applicant.
2. The Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health 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.
DISCUSSION AND CONCLUSIONS:
1. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there be no change to her disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows a diagnosis of anxiety disorder was rendered initially. At the time of the Medical Evaluation Board (MEB) psychiatric consultation, anxiety was noted as resolved and the diagnosis of major depression was rendered.
3. The SRP considered that the Post Traumatic Stress Disorder (PTSD) diagnosis was [made] during an MEB physical exam (during the DES process) and that it was [made] by a non-mental health physician. It was likely a diagnosis evolved from the patient report of Department of Veterans Affairs (VA) exam and VA diagnoses and there was not sufficient detail in the note to support a diagnosis of PTSD.
4. The SRP majority considered that the diagnosis of PTSD was eliminated and there was a change in mental health diagnosis from anxiety disorder to major depression disorder (MDD). However, MDD was considered a refinement and progression from the earlier anxiety disorder. The SRP majority determined that mental health diagnoses were changed to the applicants possible disadvantage in the disability evaluation. This applicant therefore did appear to meet the inclusion criteria in the Terms of Reference of the mental health diagnosis review project.
5. However, 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 Physical Evaluation Board adjudication for the applicants mental health conditions.
6. The available evidence shows the SRPs 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015983
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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