BOARD DATE: 21 May 2014
DOCKET NUMBER: AR20140006636
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 applicant's 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 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 determination.
2. The SRP determined that no MH diagnosis was changed to the applicant's possible disadvantage in the Disability Evaluation System (DES) process. Therefore, the applicant did not meet the inclusion criteria in the MH review project terms of reference.
3. The SRP noted the physical evaluation board (PEB) adjudicated that the adjustment disorder condition did not constitute a physical disability and was not compensable (not a true "not unfitting" adjudication). The Department of Veterans Affairs (VA) Compensation and Pension (C&P) examiner concluded there was no Axis I diagnosis and the mild irritability and some sleep difficulties were not severe enough to be classified as a depressive episode according to the diagnostic criteria of the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (Text Revision). The examiner further opined that the prognosis from a behavioral health standpoint was optimistic.
4. The SRP noted that during the medical evaluation board (MEB) examination, the applicant denied any change in his MH status since his VA C&P examination. The MEB examiner concurred with the applicant and diagnosed adjustment disorder with depressed mood as meeting medical retentions standards. The MH condition was reviewed and considered by the SRP.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend adding an unfitting MH diagnosis to the applicant's DES file and no disability rating was recommended.
6. 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) AR20140006636
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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