IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013570
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 fitness for duty determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP noted that there had been no formal diagnosis of a depressive disorder or an anxiety disorder in the available record. Symptoms of depression had presumably been recognized and were treated with medication but there does not appear to be any formal evaluation or treatment by an MH care provider. Nevertheless, anxiety/depression had been documented on the DD Form 2808 (Report of Medical Examination) signed by a physician and forwarded to the PEB by the Medical Evaluation Board (MEB). Since no MH diagnosis had been specifically adjudicated by the PEB, the applicant met the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP considered that there had been insufficient clinical data in the available record to suggest a specific Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition diagnosis and no MH diagnosis appeared to have been rendered by an MH care provider. In addition, there was no evidence of psychotherapy having been provided to the applicant, although it was noted that he had been treated with psychotropic medication.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support any MH diagnosis rising to the level of being unfitting at the time of the 2007 PEB. Additionally, there was no indication in the records that the applicants stroke in 2009 was duty-related and the stroke was not attributable to any MH condition noted during the 2007 Disability Evaluation System timeframe. Given the evidence of a hypertensive stoke in 2009, the record did not provide sufficient evidence (by a preponderance of the evidence) to indicate that the services 2010 determination of medical disqualification (medically unfit) was linked to any MH disorder.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013570
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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