IN THE CASE OF:
BOARD DATE: 28 May 2014
DOCKET NUMBER: AR20140006937
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 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 Department of Defense 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 a vote of 2-1 that there should be no change in the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (IDES) pilot program and found none. The SRP concluded that there was no diagnostic variance between the Services rendered MH diagnosis and that of the Department of Veterans Affairs (VA). The SRP agreed that the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP next considered whether the diagnosed MH condition, regardless of specific diagnosis, was not unfitting for continued military service. The applicant reported anxiety regarding the potential loss of his military career as a consequence of his Traumatic Brain Injury related headaches. He reported that episodes of suicidal ideation (with two attempts) were due to his unrelenting headache pain and consequent sleep deprivation. The MH disorder was not profiled, was not judged to fail retention standards, and was not mentioned in the commander's statement. The commander specifically noted only that the applicant was not always on time and had occasional trouble remembering.
4. The SRP agreed by a vote of 2-1 that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the IDES or prior to separation and that the VA Schedule for Rating Disabilities (VASRD) Section 4.130 and VASRD Section 4.129 did not apply. The single voter for dissent (who recommended that the Post-Traumatic Stress Disorder (PTSD) condition was unfitting and that VASRD Section 4.130 and VASRD 4.129 do apply) submitted an appended minority opinion.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP majority by a vote of 2-1 recommended no change to the applicants disability and separation determination.
7. 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) AR20140006937
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