IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20140000114
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.
2. The SRP considered the appropriateness of changes in the mental health (MH) diagnoses, whether the provisions of the 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 first noted that the applicant's record of evidence was extremely limited. The diagnosis of major depressive disorder (MDD) was consistently applied throughout the Disability Evaluation System process and no diagnosis was changed to the applicants disadvantage. Therefore, the applicants case did not meet the inclusion criteria of the Terms of Reference of the MH Review Panel.
4. The SRP then considered the appropriateness of the diagnosis itself and agreed that, as described in the Narrative Summary (NARSUM), the clinical picture appeared to fit DSM-IV criteria for MDD. The SRP adjudged that there was not a preponderance of the evidence to change the applicant's MDD diagnosis. The PEB determination of unfit was considered reasonable and administratively final.
5. The SRP discussed the EPTS and not permanently aggravated by service determination. The applicants providers had documented there was a history of depression prior to service and that the applicant's condition was not permanently aggravated by service.
6. The SRP, finally with regard to compensability, discussed DODI 1332.38, E3.4., Standards for Determining Compensable Disabilities found there was no after separation evidence of any diagnosed MH condition.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that given the history and evidence of the record, there was sufficient evidence based upon well-established medical principles that the PEB determination was correct. The SRP therefore concurred with the PEB EPTS determination that this condition could not be considered ratable or compensable.
8. 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) AR20140000114
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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