BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013531
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 unanimous vote that there should be no change to the applicant's 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). The evidence of the available records shows diagnoses of generalized anxiety disorder (GAD) and adjustment disorder with depressed mood and depression not otherwise specified (NOS) were rendered during processing through the DES. The GAD diagnosis was recorded in the Medical Evaluation Board (MEB) narrative summary (NARSUM) and on the physical examination for the MEB, but not among any other documents. The SRP acknowledged the GAD diagnosis, but there was insufficient evidence for the diagnosis and, therefore, was correctly not considered by the Physical Evaluation Board (PEB).
3. The SRP noted the diagnosis of depression, NOS was recorded on psychological testing on the MEB NARSUM and one of the treatment entries; however, it was not listed on the MEB and therefore, not forwarded to the PEB. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP reviewed the clinical documentation and determined that although the applicant was diagnosed with depression during one psychological evaluation, there was no documentation in that examination of depressive symptoms and no mental status examination recorded. Although the diagnosis of depression, NOS was eliminated to the applicants possible disadvantage during the DES process, the SRP concluded there was insufficient evidence to support the diagnosis and, therefore, it was appropriately not adjudicated by the PEB.
5. The SRP also considered whether an MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP agreed that evidence of the record reflected minimal MH related symptoms throughout the service treatment record prior to Temporary Disability Retired List (TDRL) placement. The SRP agreed during the time leading up to the TDRL, there was insufficient evidence that the applicant met any Diagnostic and Statistical Manual of Mental Disorders IV diagnostic criteria for any MH condition. After due deliberation, in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend the addition of an MH condition as an unfitting condition and, therefore, not ratable, at the time of TDRL placement.
6. The SRP considered that at the time of permanent retirement the PEB noted the TDRL psychiatric evaluation diagnosis of depressive disorder was not ratable since it was not listed on the original MEB as not meeting retention standards and it appeared to be related to a new condition, which was unrelated to any previously-unfitting condition.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that there was insufficient cause to recommend the addition of an MH condition as an unfitting condition and therefore, not ratable, at the time of permanent retirement.
8. 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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ABCMR Record of Proceedings (cont) AR20140013531
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