IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010712
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. Additionally, the applicant states he diagnosed with Post-Traumatic Stress Disorder and the Department of Defense (DOD) denied the disability in 2008.
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 applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an 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 retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, with 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 a diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES) and found none. The Medical Evaluation Board (MEB) psychiatric narrative summary listed a diagnosis of adjustment disorder with anxiety and depressed mood. The MEB forwarded adjustment disorder with anxiety and depressed mood, meets retention standards and the PEB adjudicated the adjustment disorder. The SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that the applicant was given a PTSD diagnosis by VA examiners. The prior to separation a VA compensation and pension (C&P) MH examination diagnosed adjustment disorder with anxiety and depressed mood and PTSD, but the VA noted that the examiner did not adequately describe a Criterion A stressor for PTSD or provide an adequate explanation of the applicants symptoms that met PTSD diagnostic criteria. The post-separation VA examiner did not list a specific Criterion A stressor, but the examiner noted that he was inclined to believe the applicant had experienced significant traumatic stressors based on the discharge from active duty.
5. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manuel for Mental Disorders IV TR (DSM-IV-TR) including the evidence for the stressor (criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyperarousal (criterion D), duration and onset (criterion E), and presence of clinically significant distress or impairment in social, occupational or other important area of functioning (criterion F). In the service treatment record notes and at the VA C&P MH exam the applicant reported his main stressor during deployment was separation from his family, which does not meet Criterion A, and the evidence in the record did not support that Criterion C or F were met.
6. The SRP noted the post-separation VA examiner based a diagnosis of PTSD upon the applicants deployment to a combat area; the SRP agreed that combat deployment was not sufficient evidence of Criterion A. Additionally, the SRP agreed that the applicant did not meet the DSM-IV-TR criteria for a diagnosis of PTSD during the DES process or prior to separation.
7. The SRP next considered whether the applicant's MH condition diagnosed by the VA and the MEB psychiatric evaluation, regardless of diagnosis, was unfitting for continued military service. The SRP found no MH condition was profiled or judged to fail retention standards by the MEB NARSUM psychiatrist or the MEB and there was no indication from the record that any MH condition significantly interfered with the applicant's satisfactory duty performance.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH condition, therefore, no disability rating can be recommended.
9. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010712
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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