BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140013911
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 separation determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses and provides remedial recommendations if it is judged that there was any elimination or unfavorable change in MH diagnosis by the service. The SRP assessed the fitness determination for service MH conditions determined to be not unfitting; further considers whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable to any unfitting MH condition; and makes rating recommendations in accordance with VASRD section 4.130.
3. The SRP directed attention to its recommendations based on the above evidence and, its first assessment with regard to the applicant's MH condition under MH Review Project guidelines is to judge whether a diagnosis of Post-Traumatic Stress Disorder (PTSD) was changed or unfairly eliminated during the applicant's Disability Evaluation System (DES) proceedings. Although a diagnosis of PTSD was established by the VA shortly after separation, the SRP could find insufficient evidence that the requisite Diagnostic and Statistical Manual for Mental Disorders (DSM) Fourth Edition-Text Revision criteria were present prior to separation and, thus, inadequate support for recommending a change of the service diagnosis of PTSD, especially considering the diligent specialty opinions to the contrary. After due deliberation, the SRP agreed that there was not a preponderance of evidence to support a recommendation for changing the adjudicated MH diagnosis (anxiety disorder). Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP then turned to its assessment of the fairness of the Physical Evaluation Boards (PEB) determination that the established MH condition was not unfitting. The Medical Evaluation Boards determination that the MH condition met retention standards, the commanders statement, the S1 profile, and the lack of any service treatment record evidence of performance limitations from cognitive or behavioral impairment are strong arguments against a conclusion that the applicant's MH condition could be reasonably recommended as unfitting.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the applicant's MH condition.
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) AR20140013911
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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