IN THE CASE OF:
BOARD DATE: 8 January 2014
DOCKET NUMBER: AR20130020996
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 (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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH 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 her disability and retirement determination.
2. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR including: the evidence for the stressor (criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyperarousal (criterion D), duration and onset (criterion E), presence of clinically significant distress or impairment in social, occupational or other important area of functioning (criterion F).
3. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also addressed the fitness determination by the Physical Evaluation Board (PEB) of the MH diagnosis. The SRP threshold for countering fitness determinations is higher than the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.3 (reasonable doubt) standard used for its rating recommendations, but remains adherent to the DoDI 6040.44 "fair and equitable" standard. A psychiatric Medical Evaluation Board (MEB) Narrative Summary (NARSUM) on 23 September 2011 documented the applicant had been treated with antidepressant medications and psychology treatment that helped improve mood. The applicant denied any symptoms at that time. She had no psychiatric problems before March 2011. Mental status examination was normal. The applicant was diagnosed with Axis l: depressive disorder, Not Otherwise Specified in full remission, no Axis ll, Axis lll: chronic neck pain, Axis IV: mild stressors-MEB for neck, Axis V: Global Assessment of Functioning of 70 (some mild symptoms).
5. After due deliberation, in consideration of the preponderance of the evidence, the SRP concluded that there was no evidence of a psychiatric impairment in the record to indicate unfitness due to any mental health diagnosis.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020996
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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