BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140011249
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 also states that he has been diagnosed with Post-Traumatic Stress Disorder (PTSD) from multiple doctors. Additionally, while he was stationed at Ft. Drum, NY, he was attending MH for PTSD and Department of Veterans Affairs (VA) rated him at 70 percent for PTSD.
4. 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 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, physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of 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 considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR. The SRP noted that a diagnosis of PTSD had been mentioned prior to the applicants entry into the Disability Evaluation System (DES) and was documented by the VA examiner. The applicants Service providers diagnosed adjustment disorder and that was the diagnosis eventually forwarded by the MEB and adjudicated by the PEB. Therefore, the applicant met the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP then turned to a discussion of the appropriateness of the diagnosis. The SRP noted that while the examiner had described, in some detail, symptoms that would qualify the applicant for a diagnosis of PTSD, those symptoms had not been reflected in previous treatment records to the extent to which they had been described on that examination.
5. The SRP concluded that the examination performed by the service psychiatrist and supported by psychological testing data, was of greater probative value than that performed by the VA psychologist. The SRP determined that there was insufficient data in the available record to suggest any other MH diagnosis.
6. The SRP concluded that the preponderance of evidence did not support any change in diagnosis. Adjustment disorder does not constitute a physical disability. The SRP also considered that there had been adequate performance until referral attributable to any MH condition or symptoms and adjudged that the preponderance of the evidence supported that no MH condition, regardless of diagnosis, rose to the level of being unfitting at the time of separation
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) AR20140011249
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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