IN THE CASE OF:
BOARD DATE: 21 May 2014
DOCKET NUMBER: AR20140006655
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 a 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 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 noted adjustment disorder had been diagnosed as early as November 2010, shortly after the applicant's return to the United States. Neither adjustment disorder nor cognitive disorder not otherwise specified had been changed during the course of the applicant's processing through the Disability Evaluation System (DES). Therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Panel.
3. The SRP next considered the appropriateness of the diagnosis of adjustment disorder. Based on the available data, the SRP concluded that a preponderance of evidence did not support a change in the adjustment disorder diagnosis. The preponderance of the evidence favored the diagnosis of adjustment disorder at the time of separation.
4. The SRP addressed the issue of fitness. The SRP agreed the preponderance of the evidence did not support a change in the Physical Evaluation Board (PEB) determination that the applicant's cognitive disorder was an unfitting condition. The SRP discussed the relative contribution of the adjustment disorder to the overall functioning noted in the records and the Department of Veterans Affairs (VA) 10 percent rating for this condition. The SRP noted that adjustment disorder is not considered a compensable disability in the military DES.
5. The SRP also noted the considerable improvement in symptoms reflected by the time of the VA C&P examination supporting a conclusion that the adjustment disorder no longer made a significant contribution to functional impairment and was not separately unfitting.
6. 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 adjudication for the applicant's MH conditions.
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) AR20140006655
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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