IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000262
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 (MH) 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 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 DOD 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 should be no change of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination and if unfitting, whether the provisions of the 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 first considered the diagnostic variance and observed that the Compensation and Pension (C and P) examiner clearly had a different diagnosis than what was present in the military treatment records. Although the latter were consistent, the SRP determined the variance in the MH diagnoses was to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that the diagnosis and noted the diagnosis of Post-Traumatic Stress Disorder (PTSD) was present at the C and P examination in the records in evidence. However, the majority of records do not support the diagnosis of PTSD.
5. The SRP further observed that in the final treatment note, the May 2011 primary care note, the applicant denied the presence of the PTSD symptoms upon which the C and P examiner had based the diagnosis of PTSD.
6. The panel concluded that a change in the diagnosis was not supported by a preponderance of evidence. The SRP then considered if there was an unfitting MH condition. The applicant was neither profiled for a MH condition nor issued restrictions from one. The commander did not cite restrictions from an MH condition. The medical evaluation board retention examiner, a psychiatrist, determined that the applicant did not have an unfitting MH condition.
7. The SRP determined that the preponderance of evidence did not support the presence of an unfitting MH condition at retirement regardless of diagnosis.
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.
_______________________
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) AR20140000262
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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