IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013562
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 diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The MH diagnoses major depressive disorder (MDD) and post-traumatic stress disorder (PTSD) were consistently applied within the DES process and therefore, the SRP agreed the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The medical evaluation board (MEB) presumably identified MDD, recurrent as existed prior to service (EPTS) and PTSD as EPTS and as diagnoses not meeting medical retention standards as noted on the DA Form 199. The SRP determined that the applicant was correctly diagnosed with MDD and PTSD and looked for clear and unmistakable evidence that the MH conditions were EPTS and were not permanently service-aggravated. The evidence supported that the applicant answered No to all questions related to MH conditions on his entrance history and physical exam forms completed in October 2009.
4. The SRP first deliberated on the physical evaluation boards (PEBs) EPTS determination and agreed that while the applicants historical account suggested an EPTS MH condition, the evidence did not overcome the presumption of soundness as required in the United States Army Physical Disability
Agency memo dated 9 December 2009.
5. The SRPs charge with respect to the MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not unfit determinations required a preponderance of evidence. The SRP looked for fitness for duty related evidence and noted that the commanders statement and the physical profile were not available for review. The service treatment records were reviewed for any fitness related documentation and the SRP agreed that there was no evidence that suggested the applicants MH condition interfered with performance of his duties.
6. The SRP reviewed the file for evidence of permanent service aggravation of the MH conditions. The evidence suggested that the applicants MH conditions were exacerbated by the knee injury he suffered along with the stress he perceived from his units leadership structure. The evidence also suggested that the applicants MH symptoms improved significantly as the MEB process neared completion, his sleep improved (after treatment for sleep apnea), he was looking forward to life after the military, he generally reported no significant depressive symptoms and his mental status exam was normal.
7. The SRP concluded the service aggravation was not permanent in nature and his MH symptoms would continue to improve. The applicant did not deploy and there was no traumatic stressor identified during US military service and therefore the SRP concluded that there was not sufficient evidence for the application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the applicants MH conditions were not unfitting or permanently service aggravated and were not recommended for additional disability rating.
9. 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) AR20140013562
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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