IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20140003242
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. While deployed to Iraq, the applicant was evacuated from theater due to gallbladder issues. He underwent a medical evaluation board (MEB)/physical evaluation board (PEB) and was medically separated from the service for a non-MH condition.
3. Prior to separation, the applicant had a Department of Veterans Affairs (VA) psychiatric Compensation and Pension exam. His mental status examination (MSE) indicated there were no hallucinations, delusions, obsessions, compulsions or phobias. His mood was mildly depressed with no inappropriate behavior observed. The Axis I diagnostic assessment was anxiety disorder not otherwise specified (NOS) and depressive disorder NOS. The examiner stated, "While the veteran is displaying symptoms of Post-Traumatic Stress Disorder (PTSD), he did not meet the full criteria for a PTSD diagnosis."
4. The SRP reviewed all evidentiary information available and searched for evidence of inappropriate changes in MH diagnoses during the Disability Evaluation System (DES) process. The evidence in the DES record shows that during processing through the DES, no change in MH diagnosis was made. No MH diagnoses were changed to the applicant's possible disadvantage in the DES process and the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. PTSD was considered by the VA psychiatrist.
5. The SRP agreed with the VA examiner that the applicant's symptoms did not satisfy diagnostic criteria for PTSD and therefore, the diagnosis of PTSD was not substantiated. The SRP considered the appropriateness of the MH diagnoses, and determined that anxiety disorder NOS and depressive disorder NOS were the most appropriate MH diagnoses. Both of these MH conditions were adjudicated as not unfitting by the PEB. The MH conditions which were found not unfitting by the PEB were an assessment of the appropriateness of the PEB's fitness adjudication.
6. The SRP's threshold for countering PEB fitness determinations required a preponderance of evidence. No MH condition was profiled, implicated in the commander's statement, or judged to fail retention standards by the MEB.
There was no indication in the record that any MH condition significantly interfered with the applicants satisfactory performance of military duties.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the MH diagnoses.
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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ABCMR Record of Proceedings (cont) AR20140003242
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