IN THE CASE OF:
BOARD DATE: 8 January 2014
DOCKET NUMBER: AR20130021008
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 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 a 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 MH 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 MH diagnoses, Physical Evaluation Board (PEB), fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs 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 noted the S2 profile of December 2011 for anxiety and Post-Traumatic Stress Disorder (PTSD). The SRP further noted that the diagnosis of PTSD was dropped by the time of the S1 profile of February 2012 and the narrative summary of March 2012. The applicants Medical Evaluation Board (MEB) and PEB listed only anxiety disorder not otherwise specified (NOS). Therefore, the PTSD diagnosis was considered as having been dropped to the possible disadvantage of the applicant during the course of the Disability Evaluation System (DES) process. Therefore, the applicant did meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP considered the issue of MH diagnosis and adjudged that there was insufficient evidence to support a diagnosis of PTSD and that the preponderance of the evidence did not support a change from the anxiety, NOS diagnosis.
5. The SRP also considered the issue of fitness and based on the absence of evidence in the available record indicating that any MH condition impacted duty performance, concluded that the PEB's determination of the condition as not unfitting was appropriate.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend any change in the PEB MH diagnosis or determination of the MH condition as not unfitting.
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____ ENY 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) AR20130021008
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