IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013478
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 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 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 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 considered the appropriateness of changes (if any) 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, judged that a MH condition was unfairly characterized as not unfitting by the Service; it further considered whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable and made recommendations for said ratings in accordance with VASRD Section 4.130 (and VASRD Section 4.129 as appropriate).
3. The SRP determined that under the Terms of Reference (TOR) of the MH Review Project, the Board considered the elimination or change in diagnosis of Post-Traumatic Stress Disorder (PTSD) applying criteria of the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM IV-TR): the evidence for the stressor (Criterion A), reexperiencing 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 significant distress or impairment in social, occupational or other important area of functioning (Criterion F).
4. The SRP noted that in the applicants case, there were preceding psychiatric diagnoses (anxiety, depression, adjustment disorder) which were noted in the narrative summary (NARSUM); but, opined to have been no longer present at the time of PEB proceedings by both the medical evaluation board (MEB) and the Department of Veterans Affairs (VA) psychiatric examiners. The MEB consequently determined that there was no MH condition to refer at the time of PEB proceedings. Therefore, the applicants case did not meet the inclusion criteria in the TOR of the MH Review Project.
5. The SRP directed attention to its recommendations based on the above evidence and, its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (in this case anxiety and/or depression) was unfairly eliminated during the Integrated Disability Evaluation System (IDES) proceedings. At no time was there a Service or VA diagnosis of PTSD and, the SRP agreed that there was not a preponderance of evidence supporting the presence of the requisite DSM IV-TR criteria for recommending PTSD as a Service condition eligible to consider for rating. The MEB and VA psychiatric evaluations provided strong evidence for the absence of significant psychiatric symptoms at the time of retirement and convincing specialty opinions (mutually corroborating) that criteria for diagnoses of anxiety and/or depression were not present at retirement.
6. The SRP agreed that there was not a preponderance of evidence supporting a recommendation for any Service MH condition eligible to consider for rating. It was likewise agreed that even if a Service MH diagnosis was conceded for consideration; there would be insufficient evidence for recommending it as unfitting and eligible for Service rating; noting the S1 profile, the MEB psychiatric opinion that there was no disqualifying condition and the lack of sufficient performance-based evidence (the commanders comments considered) in the Service record suggesting that there were psychiatric limitations to duty performance.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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