IN THE CASE OF:
BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20140007560
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 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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, whether the provisions 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 reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Disability Evaluation System (DES) and found none. The diagnosis on the Medical Evaluation Board (MEB) psych examination and the Report of Medical Evaluation (DD Form 2808) was generalized anxiety disorder (GAD). GAD is not disqualifying and the MEB forwarded GAD as not disqualifying and the Physical Evaluation Board (PEB) adjudicated GAD as not unfitting. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that the Veterans Affairs compensation and pension examiner diagnosed Post-Traumatic Stress Disorder (PTSD) two months prior to the applicant's placement on the Temporary Disability Retired List (TDRL). The SRP also considered that the notes in the service treatment record did not indicate evidence meeting Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV) diagnostic criteria for PTSD. The SRP agreed that the preponderance of the evidence in the record did not support a diagnosis of PTSD during the DES process or prior to separation.
5. The SRP next considered whether the MH condition regardless of specific diagnosis, was not unfitting for continued military service. The MH condition was determined to be not unfitting by the PEB. The SRP noted that there was no indication from the record that the MH condition significantly interfered with the applicant's satisfactory duty performance at the time of his placement on the TDRL.
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; therefore, no disability ratings can be recommended.
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
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ABCMR Record of Proceedings (cont) AR20140007560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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