IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013906
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 disability and retirement determination.
2. The SRP considered the appropriateness of changes in the applicant's diagnoses, and provides remedial recommendations if it is judged that there was any elimination or unfavorable change in an MH diagnosis by the service. The SRP assessed the fitness determination for service MH conditions determined to be not unfitting; further considered whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable to any unfitting MH condition; and made rating recommendations in accordance with VASRD section 4.130.
3. The SRP noted that although provider consideration of the diagnoses of major depressive disorder and dysthymic disorder are mentioned in service records, only a diagnosis of adjustment disorder was forwarded to the Disability Evaluation System. A potential diagnosis of Post-Traumatic Stress Disorder (PTSD) or other compensable MH diagnosis is not raised in evidence. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP entertained a recommendation to change the service diagnosis to depression or dysthymic disorder, and it may be conceded that elements for those diagnoses can be gleaned from the evidence. However, every service provider, the VA psychiatrist and the Medical Evaluation Board (MEB) psychiatrist all supported the Axis I diagnosis of adjustment disorder.
5. Therefore, by a preponderance of evidence, no such recommendation is justified, and the Physical Evaluation Boards non-compensable determination is supported. The SRP also noted that, even if a ratable MH diagnosis were conceded, the absence of a psychiatric profile, the MEB psychiatric opinion (concurred with by many providers) that the MH condition met retention standards, the commanders statement, and the applicants successful academic pursuits at the time of retirement are formidable barriers to concluding that there was unfitting psychiatric impairment for service 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) AR20140013906
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