IN THE CASE OF:
BOARD DATE: 8 January 2014
DOCKET NUMBER: AR20130020955
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 Department of Defense (DOD) Physical Disability Board of Review (PDBR) Mental Health (MH) 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 considered the appropriateness of changes in the MH diagnoses, Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of VA 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 also noted that the diagnosis of anxiety disorder NOS was documented in the original Narrative Summary (NARSUM), the Medical Evaluation Board (MEB), and PEB that placed the applicant on the Temporary Disability Retired List (TDRL). It was not reexamined by the PEB at the end of the TDRL period as it had originally been considered medically acceptable.
4. The SRP concluded that the diagnosis had not been changed to the applicant's disadvantage through the course of the Disability Evaluation System and that the case therefore did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
5. The SRP noted the changes in MH diagnosis following TDRL entry, but adjudged that there was not a preponderance of the evidence to change the anxiety disorder diagnosis at the time of TDRL entry. The SRP then reviewed the question of fitness of the MH conditions at the time of TDRL entry regardless of diagnoses. The SRP adjudged that regardless of MH diagnosis, no MH condition was unfitting at TDRL entry.
6. The SRP discussed the Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD) conditions and symptoms at the end of the TDRL period. The SRP adjudged that the MH condition would have prevented return to duty and would have been unfitting at the end of the TDRL period. There was little evidence that the applicant's unfitting non-MH condition, or treatment of that unfitting condition, led to the PTSD condition, rather than it being a progression of the applicant's anxiety disorder. The SRP therefore concluded that the PTSD condition was noncompensable at the end at the TDRL period, regardless of whether it might have risen to the level of being unfitting at that time.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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