IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013560
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 separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in or elimination of diagnosis of a MH condition during processing through the Disability Evaluation System (DES). The evidence of available records shows a diagnosis of chronic post-traumatic stress disorder (PTSD) and major depression, recurrent in partial remission and no change in diagnosis was made at any time. Therefore, the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the medical evaluation board (MEB) identified two MH conditions, Prior PTSD and Depression, as both meeting retention standards. The physical evaluation board (PEB) adjudicated the prior PTSD as met medical retentions standards. The SRP also noted that the evidence showed that the chronic PTSD was in remission prior to the applicant entering the DES. The PEB subsumed the MEB diagnoses of depression and insomnia under the unfitting fibromyalgia diagnosis as noted on the PEB Proceedings document.
4. The SRP reviewed the file for evidence that the depression and/or insomnia were reasonably justified as separately unfitting and therefore, eligible for a separate disability rating. In spite of numerous auto-cite references to major depression (in remission) and chronic PTSD, the file contains a single document specifically related to her MH condition. That document indicated that she was working within her non-MH profile limitations, her PTSD symptoms were quiescent, and weekly psychotherapy should be continued. Her profile was always S1. The commanders statement did not implicate any MH condition as duty limiting. Based on the evidence, the SRP surmised that the applicant had performed her duties for several years while undergoing treatment for her MH conditions. There was no evidence present for review that suggested an MH condition was involved in truncating the applicants military career.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend that the PTSD and depression conditions were separately unfitting and no additional disability rating was recommended.
6. 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) AR20140013560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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