BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010684
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 unanimous vote that there should be no change in the prior determination.
2. The SRP considered the appropriateness of changes (if any) in the MH
diagnoses, and provided remedial recommendations if it was judged that there were any elimination or unfavorable change in MH diagnosis by the service. The SRP further considered whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable to any unfitting MH condition (physical evaluation board (PEB) adjudicated or SRP recommended), and made rating recommendations in accordance with VASRD Section 4.130 (and VASRD Section 4.129 as appropriate.
3. The SRP considered under the Terms of Reference (ToR) of the MH Review Project the elimination or change in diagnosis of Post-Traumatic Stress Disorder (PTSD) under the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM IV-TR) criteria previously elaborated.
4. The SRP directed attention to its recommendation and first assessment with regard to the MH conditions, under MH Review Project guidelines, to judge (based on a preponderance of evidence) whether a diagnosis of PTSD was changed or unfairly eliminated during Disability Evaluation System (DES) proceedings. There was no prior-to-separation diagnosis of PTSD by any service or VA provider, and no documentation of the requisite DSM IV-TR criteria prior to separation on which the SRP could premise a recommendation for change of the Service diagnosis to PTSD. There was no change in MH diagnosis during the DES. The applicants case did not meet the inclusion criteria in the ToR of the MH Review Project.
5. The SRP determined that the Post-Deployment Health Assessment (PDHA) and the pre-separation VA psychiatric examiner provide evidence that the criteria were not satisfied. Although a diagnosis of PTSD was established by the VA shortly after separation, there are some probative value detractors and no reasonable basis for extrapolating that evidence to the pre-separation diagnosis.
6. The SRP agreed that there was not a preponderance of evidence to support an SRP recommendation for changing the MH diagnoses (depression and anxiety) as adjudicated by the service. The SRP later turned to its assessment of the fairness of the PEBs determination that the established MH conditions were not unfitting. The medical evaluation board (MEB) determination that the MH conditions met retention standards, the commanders statement, the S1 profile, and the lack of any service treatment records evidence of performance limitations from a cognitive or behavioral impairment were strong arguments against a conclusion that the MH conditions could reasonably be recommended as unfitting.
7. 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 conditions.
8. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010684
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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