IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130021801
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 separation determination.
2. The SRP considered the appropriateness of changes in the applicant's mental health (MH) diagnoses and physical evaluation board (PEB) fitness determination and, if unfitting, whether the provision of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) §4.129 were applicable , and a disability rating made a recommendation in accordance with VASRD §4.130.
3. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV including: the evidence of 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), and presence of clinically significant distress or impairment in social, occupational or other important area of functioning (criterion F).
4. The SRP considered if there was a change in the MH diagnosis during the disability evaluation system (DES) process which adversely affected the applicant. The SRP noted the applicant was not diagnosed in the military health care system with Post-Traumatic Stress Disorder (PTSD), rather with either depression or a mood disorder which predated military service.
5. The SRP further noted that prior-to-service pathology exam was not disclosed by the applicant at accession. However, the VA diagnosed the applicant with PTSD as part of the Integrated DES (IDES).
6. The SRP determined that this diagnosis was based on a history which was not consistent with the remainder of the evidence available to the Panel for review; however, it was a change which was not continued by the PEB.
7. The SRP determined the MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process and he did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
8. The SRP considered whether the MH conditions were unfitting and the applicant was found to meet retentions standards by the medical evaluation board (MEB).
9. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend that an unfitting MH diagnosis existed at the time of the applicant's separation.
10. 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
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ABCMR Record of Proceedings (cont) AR20130021801
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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