IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010658
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 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 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 considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of the Department of Veterans Affairs (VA) 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 in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System. Because the separation physical examination listed diagnoses of depression and post-traumatic stress disorder (PTSD), but the psychiatric memorandum, narrative summary, medical evaluation board (MEB), and physical evaluation board (PEB) concurred with a diagnosis of adjustment disorder, the SRP concluded the MH diagnosis was changed in the disability evaluation process and, therefore, the applicant met the inclusion criteria in the terms of reference of the MH review project.
4. The SRP noted the presence of depression and PTSD were suggested by screening examinations, but a diagnosis requires a formal evaluation. The evaluation performed by a Service MH provider prior to separation established the diagnosis of adjustment disorder and was consistent with other evaluations, noting inconsistent symptoms and symptoms connected to family issues. The SRP agreed that the VA Compensation and Pension (C&P) examiner's diagnosis of anxiety, rendered 13 months after separation, held little probative value relevant to the time of separation. The SRP therefore concluded the diagnosis of adjustment disorder at the time of the MEB and PEB was correct.
5. The SRP later considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service. The SRP's charge with respect to the applicant's 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. The SRP agreed the preponderance of the evidence of record reflected non-limiting symptoms (as related to mental functioning) in the period of time leading to the MEB. At no time during the applicant's military service did she require psychiatric hospitalization or emergency care. No MH condition was profiled or was judged to fail retention standards by the MEB MH provider or the MEB.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was no indication that an MH problem limited the applicant's ability to perform her job and her mental condition was not unfitting at the time of separation and not subject to a disability rating.
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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ABCMR Record of Proceedings (cont) AR20140010658
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