BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011595
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 mental health 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health 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 mental health 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 applicants case, the SRP determined by unanimous vote that there should be no change to his disability and separation determination.
2. While in Iraq, the applicant was in direct combat operations and witnessed
some highly stressful events. After he returned to Hawaii, he was diagnosed with Post-traumatic Stress Disorder (PTSD) and was treated by a civilian psychologist. In July 2009, the applicant was transferred to Fort Polk, Louisiana. He began receiving treatment from the MH clinic at Fort Polk. His diagnoses were anxiety disorder, not otherwise specified (NOS) and insomnia, both of which met retention standards. In July 2010, the applicant was doing very well. His MH provider reported that the anxiety disorder, NOS condition was resolved, and discontinued the regularly scheduled appointments. The applicant was told to follow-up if needed.
3. The SRP noted the available evidence shows that on 30 August 2010, the applicant had a Compensation and Pension (C&P) exam by a psychologist at the Alexandria Department of Veterans Affairs (VA) Medical Center. The applicant reported that his marriage was great, and his condition had improved considerably. On mental status exam, he was very nice, polite and cooperative. Thought processes were logical, coherent and relevant. Affect was spontaneous and reasoning was good. Concentration, memory and verbal comprehension were excellent. There were no emotional problems causing social or occupational impairment. The examiners diagnostic assessment resulted in no Axis I diagnosis. Global Assessment of Functioning (GAF) score was 80. He was medically separated from service in February 2011, due to his unfitting non-MH musculoskeletal conditions. His one MH condition was adjudicated as not unfitting. A month after separation, the VA issued a VA rating decision. Service-connection for PTSD was granted, with an evaluation of 0 percent.
4. The SRP carefully examined all available evidence and considered the appropriateness of changes in the MH diagnosis, and concluded that the changes were appropriate. As the applicants condition improved, he no longer met the diagnostic criteria for PTSD and that explained why his MH diagnosis was eliminated. However, PTSD was eliminated during processing through the Disability Evaluation System (DES). Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
5. The SRP also considered the appropriateness of the physical evaluation board (PEB) fitness determination. The applicants profile in the medical evaluation board (MEB) narrative summary was S1. The August 2010 MH C&P exam yielded no Axis I diagnosis. The applicant stated that he never missed work due to MH problems, and he was working on his Masters degree. He was able to engage in a normal range and variety of activities, with no interruption of his typical daily routine. There were no emotional problems causing any social or occupational impairment.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded it could not find sufficient cause to justify a change in the PEB adjudication of the MH condition as not unfitting.
7. 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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ABCMR Record of Proceedings (cont) AR20140011595
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