IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20140000289
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 Department of Defense (DOD) Physical Disability Board of Review (PDBR) Mental Health (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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's 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 that although the diagnosis of Post-Traumatic Stress Disorder (PTSD) had been mentioned by some providers prior to the applicants entry into the Disability Evaluation System (DES); adjustment disorder was the only MH diagnosis recorded in the psychiatric memorandum and the only one considered by the Medical Evaluation Board (MEB) and PEB. The SRP concluded that a possible change had been made to the applicants disadvantage and that the applicant did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP considered the appropriateness of the diagnosis and noted that there had been mention of PTSD in the applicants record prior to the MEB. The SRP also considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders. The SRP concluded, there was insufficient evidence in the record to support a diagnosis of PTSD, depressive disorder or anxiety disorder over the PEB diagnosis of "Adjustment Disorder with Anxiety and Depressed Mood."
5. The SRP reviewed the question of fitness, if the MH diagnosis were changed to a compensable diagnosis. The commanders statement reflects only the applicants physical disabilities with no indication that a MH issue affected the applicants ability to fulfill duty requirements. The SRP agreed that regardless of MH diagnosis, there was little evidence that any MH condition significantly interfered with the performance of duties at the time of retirement.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence to support either a change in his MH diagnosis or any MH condition rising to the level of being unfit at the time of retirement.
7. The available evidence shows the SRP's 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 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) AR20140000289
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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