IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014265
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 Temporary Disability Retired List (TDRL) entry determination.
2. The SRP considered the appropriateness of changes in the 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 was made.
3. The MH diagnoses throughout the Disability Evaluation System (DES) were consistently anxiety disorder not otherwise specified (NOS) and adjustment disorder with anxiety, with a potentially overlapping diagnosis of residuals of Traumatic Brain Injury (TBI) (also referred to as post-concussive syndrome). Post-Traumatic Stress Disorder (PTSD) was not diagnosed during the DES. The SRP agreed there were no changes in diagnoses and, therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the Review Project.
4. The SRP acknowledged the VA Compensation and Pension examiners assessment of PTSD and panic disorder with total impairment seven months after TDRL entry and undertook a careful review of the evidence. The record indicated significant symptom worsening after TDRL entry, with likely progression of MH diagnoses as well. The preponderance of evidence in the available records did not support a PTSD or panic disorder diagnosis at the time of TDRL entry. The SRP noted that symptoms of Axis I MH disorders and aspects of symptoms from TBI could overlap and considered all MH symptoms for rating consideration. The PEB MH rating specifically stated application of VASRD Section 4.129 for their 50 percent rating and there was insufficient evidence for a higher MH rating at TDRL entry.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence for any change in MH diagnosis or MH rating at the time of TDRL entry.
6. 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) AR20140014265
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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