IN THE CASE OF:
BOARD DATE: 4 June 2014
DOCKET NUMBER: AR20140007370
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 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 the MH diagnoses;
the 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 whether a disability rating recommendation in accordance with VASRD Section 4.130 was made.
3. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES) pilot program and found none.
The SPR noted that the MH diagnosis on the report of medical evaluation for the medical evaluation board (MEB), DD Form 2808 (Report of Medical Examination), was depression with anxiety, but following the MEB psychiatric examination the MH diagnosis of mood disorder due to medical problems was consistent throughout the IDES process. The SRP agreed that this difference in diagnosis in the IDES process was not to the possible disadvantage of the applicant. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
4. The SRP determined the applicants MH condition to be not unfitting by the PEB. The SRP's charge with respect MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEB's fitness adjudication. The SRP's threshold for countering PEB not-unfit determinations required a preponderance of evidence.
5. The SRP in reviewing the applicant's MH condition determined there were no MH evaluations or treatment notes in the service treatment record; at the MEB psychiatric evaluation it was noted that the applicant had never seen a psychiatrist or a counselor; and the psychiatrist permanently profiled the MH condition as "S-2, medically acceptable." No MH disorder was implicated in the commander's statement, or judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with the applicants satisfactory duty performance. The SRP concluded that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the DES or prior to separation.
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 fitness determination for the applicant's MH condition and no disability rating was recommended.
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) AR20140007370
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