IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019228
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.
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 applicants responded to the advisory opinion. In her rebuttal, she stated there had been no mental health components as part of her medical evaluation board (MEB). However, she was informed that the medical review was only focusing on the diagnoses of asthma which made her unfit to remain in the Army. She was never asked to submit any other information regarding the review and only knew it had happened when she was given the recommendation of the board.
5. She returned early from her deployment in 2003 on the recommendation of her physician in the mental health office at Landstuhl. She saw a counselor after her return and as a walk-in while at Fort Campbell, Kentucky. She was never able to get a diagnosis for this condition or a follow-up on the visits. She stated there was a stigma that goes along with this type of condition which is why she never mentioned it during the very impersonal and highly non-confidential (non-private) pre-deployment screening.
6. She goes on to discuss the timeframe and states that on the few occasions when the issue of mental health was mentioned she was informed to seek help if she needed to. She did not renew her prescription of Lexapro and later experienced some very disturbing side effects. She learned to cope with these issues by using a more holistic approach.
7. Her issue of no records found by the Department of Veterans Affairs (VA) during their review may be due to the fact she never requested her medical record from mental health. After placement on the Temporary Disability Retired List (TDRL), she was informed she needed to respond about accepting placement on the Permanent Disability Retired List due to asthma and nothing else. She was never informed or advised that she could or should add other conditions, such as post-traumatic stress disorder (PTSD), since her case was only dealing with the condition of asthma.
8. In summary, she disagreed with the SRP decision and recommended the SRP take in consideration her condition of PTSD.
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 rating and separation.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of any mental health condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows no mental health diagnosis was rendered during the DES and there was scant evidence of treatment of a mental health condition.
3. The SRP determined that no mental health diagnoses were changed to the applicants possible disadvantage in the disability evaluation. Therefore, she did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project. The SRP additionally concluded there was not sufficient evidence to recommend any unfitting mental health condition at the TDRL entry or at permanent retirement.
4. After due deliberation consideration of the preponderance of the evidence and the applicant's response, 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019228
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