BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013806
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 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 Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health 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 considered the appropriateness of changes in the applicant' MH diagnoses; the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the 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 as made.
3. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR including: the evidence for the stressor (Criterion A), re-experiencing of the event (Criterion B), persistent avoidance of stimuli associated with the trauma (Criterion C), hyperarousal (Criterion D), duration and onset (Criterion E), and the presence of clinically significant distress or impairment In social, occupation or other important area of functioning (Criterion F).
4. The SRP also considered the appropriateness of the changes in the applicant's MH diagnoses and a disability rating recommendation in accordance with VASRD Section 4.130. The MEB forwarded the applicant's MH diagnoses of adjustment disorder with anxiety and depressed mood to the PEB for adjudication. The PEB adjudicated the applicant for the diagnosis of adjustment disorder. The VA examiner diagnosed adjustment disorder with anxiety and depression.
5. The SRP determined that while the description changed, the severity of the diagnosis did not and that these changes were semantic without impact on the level of disability awarded. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. This applicant therefore did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
6. The SRP also considered if an unfitting MH diagnosis was present at the time of the applicant's separation. The profile remained S1 and the commander only commented on the physical limitations. The MEB found that it met retention standards. There was no performance based data in evidence to support the presence of an unfitting MH condition which significantly impaired the applicants duty at separation regardless of the diagnosis. Therefore, consideration of VASRD Section 4.129 and VASRD Section 4.130 was rendered moot.
7. 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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ABCMR Record of Proceedings (cont) AR20140013806
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