BOARD DATE: 16 April 2014
DOCKET NUMBER: AR20140004224
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 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 DOD 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 should be no change of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in mental health diagnoses, 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 noted the applicants DD Form 2808 listed Post-Traumatic Stress Disorder (PTSD) as a diagnosis (with an S1 profile) and no mental health diagnosis was listed in the Narrative Summary, or on the initial medical evaluation board (MEB) or PEB. The SRP adjudged this to constitute a "de facto" determination by medical providers that no duty limiting mental health condition existed. Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
4. The SRP noted that all mental health interventions prior to Temporary Disability Retired List (TDRL) were directly related to his adjustment to the Spinal Cord Injury (SCI) and were delivered by non-military SCI team providers. After the initial injury, the applicant did not return into a "normal" duty situation where the functional limitations of a mental health condition could be assessed. The mental health conditions of PTSD and depression were mentioned and there was no indication that they significantly impaired his rehabilitation or were uncontrolled with medication.
5. The SRP considered evidence related to "fitness" for an indication of any service related functional impairment caused by a mental health condition prior to separation. No mental health condition was ever profiled or implicated by the commander's statement. The MEB physical exam documented "normal" in the psychiatric section while the applicant only noted "can't sleep without medications" and that he was receiving counseling from a psychologist on the MEB medical history form. There were no psychiatric hospitalizations for any mental health condition.
6. The SRP noted throughout the TDRL period, the applicant's mental health condition was noted to wax and wane as evidenced by his fluctuating Global Assessment of Functioning scores. The SRP agreed that it would be undue speculation to conclude a mental health condition was "unfitting" at the time of entry into the TDRL. In accordance with DOD Instruction (DoDI) 1332.38, E3.P6., conditions that were not unfitting on the TDRL entry were not compensable at the TDRL exit unless the condition was caused by the condition for which the member was placed on the TDRL or directly related to its treatment; or the condition should have been unfitting at the time of the applicants TDRL entry.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that there was insufficient cause to recommend that an "unfitting" mental health condition be added to the applicant's current Disability Evaluation System record and no additional disability rating was recommended.
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) AR20140004224
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