BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013546
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 states that she was referred to a Medical Evaluation Board (MEB) for depression and anxiety. The applicant also states that she was removed from the MEB process and was declared fit for duty with no explanation.
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 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 applicant had a diagnosis of major depression, recurrent with psychotic features rendered 3 years prior to separation. The Department of Veterans Affairs (VA) rendered diagnoses of major depressive episode with psychotic features and Post-Traumatic Stress Disorder (PTSD) throughout the Integrated DES. The evidence of the available records shows the PTSD diagnosis, while not consistent with the totality of the treatment record diagnoses, was added during the disability evaluation process and therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of not unfitting major depression, recurrent with psychotic features was well supported by the evidence. The SRP acknowledged the VA compensation and pension evaluation, 13 months prior to separation and that the applicants reported symptoms met the criteria for PTSD. However, clinical documentation throughout the treatment record recorded minimal symptoms of PTSD and no indication that the PTSD diagnostic criteria were ever met.
4. The SRP noted that at the time of the applicant's separation the evidence demonstrated that depressive symptoms minimally interfered with occupational or social functioning and no MH condition was profiled.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that the evidence of record reflected minimal MH-related symptoms during the period of time leading into the applicant's MEB and, therefore, concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to disability rating.
6. 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
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ABCMR Record of Proceedings (cont) AR20140013546
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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