IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130021800
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 of the applicants disability and medical retirement determination.
2. The SRP considered the appropriateness of changes in mental health (MH) diagnoses and the physical evaluation board (PEB) fitness determination and if unfitting , whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) §4.129 were applicable and a disability rating recommendation in accordance with VASRD §4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows a diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered, but there was no evidence it was referred into the DES. The evidence of the available records shows that a diagnosis of PTSD was listed by a civilian neuropsychologist on 25 June 2007, but there is no evidence this diagnosis was referred into the DES.
4. The SRP noted that the medical evaluation board (MEB) psychiatrist diagnosed the applicant as having an adjustment disorder and confirmed that no other MH providers who had actively managed the case thought PTSD was present. No evidence of PTSD was independently confirmed; however, the VA supported a PTSD diagnosis.
5. The SRP concluded the diagnosis of adjustment disorder at the time of the MEB and the PEB was correct due to the variation in reported symptoms.
6. The SRP determined the MH diagnosis was not changed to the applicants possible disadvantage in the disability evaluation and that he did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
7. The SRP next considered whether the MH condition was unfitting for continued military service which was not explicitly addressed on the PEB document prior to entry on the Temporary Disability Retired List (TDRL); however, both the psychiatrys narrative summary and MEB concluded the MH condition met retention standards.
8. After due deliberation in consideration of the preponderance of evidence, the SRP unanimously agreed that the evidence of the applicant's record reflected minimal symptoms and good duty performance in the period of time leading into his MEB. The SRP also concluded that the applicant's MH condition was not unfitting at the time of his entry into TDRL and accordingly no MH diagnosis was appropriate for an additional disability rating.
9. 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) AR20130021800
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