IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019751
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.
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 applicant did not respond to the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there be no change to his disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of any mental health condition during processing through the Integrated Disability Evaluation System. Also, an independent SRP psychiatrist evaluation of the entirety of the record indicated that a diagnosis of mood disorder secondary to a general medical condition was supported by the evidence of record. Moreover, the preponderance of the evidence favored the diagnosis of the secondary mood disorder at the time of separation.
3. The SRP agreed the preponderance of the evidence did not fully meet the Diagnostic and Statistical Manual for Mental Disorders-IV criteria for major depressive disorder or any other primary mood disorder. Additionally, all SRP members agreed that evidence of the record reflected minimal symptoms associated with the applicants physical condition and that mood disorder due to his medical condition was the appropriate diagnosis by the preponderance of the evidence.
4. The SRP determined that no mental health diagnoses were changed to the applicants possible disadvantage in the disability evaluation and the appropriate diagnosis was mood disorder due to antiphospholipid syndrome. Therefore, the depression was appropriately not considered by the Physical Evaluation Board (PEB) at the time of separation. Further, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
5. The SRP concluded that there was insufficient evidence that any mental health condition rose to the level of being unfitting at the time of separation and therefore none were subject to service disability rating.
6. 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 PEB adjudication for the applicants mental health conditions.
7. 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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ABCMR Record of Proceedings (cont) AR20130019751
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