IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014273
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 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 MH 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 to the applicants disability and separation 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. There was no change in his MH diagnosis by treating MH providers. Therefore, the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the Department of Veterans Affairs (VA) Compensation and Pension (C&P) examiner rendered a diagnosis of Post-Traumatic Stress Disorder (PTSD), but the service treatment record did not support this diagnosis. There was no evidence of a traumatic stressor and no evidence of PTSD symptoms at any time other than when the applicant endorsed them at the VA C&P examination. The SRP therefore concurred with the referred medical evaluation board (MEB) MH diagnoses.
4. The SRP next considered whether the MH conditions, regardless of specific diagnosis, were unfitting for continued military service. The SRPs charge with respect to MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not-unfit determinations required a preponderance of evidence.
5. The SRP noted there was a history of adjustment deficit hyperactivity disorder (ADHD) and behavioral issues prior to entering military service and appeared to experience behavioral problems while in service related to his chronic insomnia and ADHD. He also experienced problems with domestic violence. Except for periodic exacerbations, symptoms generally described as mild and fairly well controlled with medications. There was no evidence at times of increased symptoms that the applicant was unable to perform duties and follow-up evaluations reflected improvement. The SRP noted that service treatment records reflected controlled psychological symptoms prior to the time of referral into the Disability Evaluation System (DES) for his physical problems in November 2010. The head injury in January 2011 was characterized as mild, and neuropsychological testing indicated intact cognitive functions. Throughout his military career the applicant was able to pursue college courses, achieving good grades including following the head injury.
6. The SRP noted the neurologist and MH examiners concluded that his symptoms (personality change) were likely due to the early onset of Huntingtons disease; but these symptoms were not the reason he was referred into the DES and were judged to be mild and meeting retention standards (as a autosomal dominant condition with 100 percent penetrance, Huntingtons disease was not compensable under the rules of the military DES until a service member has 8 or more years of active duty service; Title 10, U.S. Code (10 USC) 1207a.). The SRP agreed that the service treatment records reflected minimal occupational impairment (as related to mental functioning).
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the applicants mental condition was not unfitting at the time of separation.
8. 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) AR20140014273
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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