IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001265
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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the applicants mental health (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.
The SRP noted that while Post-Traumatic Stress Disorder (PTSD) had been mentioned in the file; the DD Form 2808 (Report of Medical Examination), lists PTSD at the beginning of the Disability Evaluation System (DES) process. Since that diagnosis does not appear on either the Medical Evaluation Board (MEB) or PEB, the SRP concluded that the applicant did meet the inclusion criteria of the Terms of Reference of the MH Review Project.
3. Although a diagnosis of PTSD was rendered by MH care providers in early 2009, after that time non-PTSD diagnoses were consistently made through the applicants time of separation. The SRP discussed the apparent diagnostic variance between the after-separation VA Compensation and Pension (C&P) and the MEB narrative summary (NARSUM) and concluded that there were a number of inconsistencies. The SRP concluded that the psychiatric NARSUM was of greater probative value and that the preponderance of evidence did not support a change in diagnosis at the applicants time of separation.
4. The SRP reviewed whether the condition was unfitting. The SRP concluded that the preponderance of evidence did not support a change in the applicants PEB's determination and that the MH condition was not unfitting at the time of separation.
5. 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) AR20140001265
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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