IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010897
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 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 majority vote that there should be no change to the applicant's disability and separation determination.
2. The SRP considers the appropriateness of changes in the MH diagnoses, and the appropriateness of Physical Evaluation Board (PEB) fitness determination for any MH condition. If the SRP, based on a preponderance of performance based evidence, judges that a MH condition was unfairly characterized as not unfitting by the service; it further considers whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities section 4.129.
3. The SRP under the Terms of Reference of the MH Review Project, the SRP considers the elimination or change in diagnosis of Post-Traumatic Stress Disorder (PTSD) under the DSM-IV criteria previously elaborated. The SRP directs attention to its recommendations based on the evidence; and, its first assessment with regard to the MH condition, under MH Review Project guidelines, is to judge whether a diagnosis of PTSD was changed or eliminated during DES proceedings. The VA Integrated Disability Evaluation System (IDES) exam made a diagnosis of PTSD, but PTSD was not a final PEB diagnosis. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted in this case there are conflicting professional opinions on record and contradictory evidence for the requisite DSM IV-TR criteria for PTSD. Although the VA provider stated that the composite diagnosis was more aligned with PTSD, it is noted that only the theater providers and one service psychiatrist had made an Axis I diagnosis of PTSD; whereas, the primary and two additional MH providers did not subscribe to the diagnosis.
5. The SRP also considered the probative value influence of the psychological testing and related evidence in its recommendations; although, there was a variance of professional opinions on record regarding the significance of the latter; and members agreed that this issue should not be a dominant factor swaying the SRPs recommendations. After considerable deliberation, members agreed that there was not a preponderance of evidence to support changing the MH diagnoses as adjudicated by the service.
6. The SRP next considered whether the service diagnosed MH conditions were fairly adjudicated as not unfitting by the PEB. After considerable deliberation regarding this issue, the SRP consensus was that there was not a preponderance of evidence to support a change in the PEB fitness determination of the MH conditions. The dissenting member elected not to submit a minority opinion.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010897
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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