IN THE CASE OF
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20140012003
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 mental health 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 of the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). Evidence indicated the diagnosis of depression was the only diagnosis rendered during DES processing. The SRP acknowledged the Department of Veterans Affairs (VA) Compensation and Pension (C&P) examiners assessment of Post-Traumatic Stress Disorder (PTSD) and Major Depressive Disorder (MDD) (2 months after the physical evaluation board (PEB) adjudication) and undertook a careful review of the evidence.
3. The SRP noted the applicant had not received the diagnosis of PTSD in any in-service treatment records and had denied PTSD-related symptoms on multiple occasions during the MH screens. The preponderance of evidence did not support a PTSD diagnosis and there was no evidence the applicant met the full diagnostic criteria for MDD, including at the C&P examination. The SRP found no changes in diagnoses, so the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also considered whether any MH condition(s), regardless of specific diagnosis, were unfitting for continued military service (without regard to the presumption of fitness rule). The applicant received MH care and had a trial of medication to treat depressive symptoms but had not participated in treatment for several months prior to retirement. The majority of the applicant's mental status examinations (MSEs) were normal. She was never hospitalized for MH concerns, never presented to the emergency room for MH issues, and while she had reported marital difficulties she noted she had good relationships with her parents and siblings and an improved relationship with her spouse. Her medication profile recorded the last Paxil prescription was written in August 2009 but was not refilled.
5. The SRP agreed the diagnosis of depression was the appropriate diagnosis and it had resolved and therefore recorded as by history. The applicant requested it not be included in her MEB. The SRP found evidence reflected minimal MH-related symptoms in the time leading up to medical retirement. The applicant had engaged in talk therapy and had been prescribed medication, but the commanders statement did not implicate an MH issue related to occupational functioning and no MH condition was ever profiled.
6. After due deliberation in consideration of the preponderance of the evidence,
the SRP concluded there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of the applicant's separation and none were subject to service disability rating.
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) AR20140012003
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