BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014429
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 his fathers, the former service member (FSM), 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 states that his father suffered from Post-Traumatic Stress Disorder (PTSD), anxiety, and depressive disorder that were not recognized in time. The applicant also states the improper diagnoses caused the family severe hardship and resulted in his father taking his own life.
4. 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 the FSM's 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 FSM's case, the SRP determined by unanimous vote that there should be no change to the FSMs disability and retirement determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the FSM's MH condition during processing through the military Disability Evaluation System (DES). The available evidence shows the diagnosis of adjustment disorder with depressed mood and depression, not otherwise specified (NOS) were rendered during DES processing. The SRP agreed the diagnosis of depression, NOS had been eliminated during processing through the DES and, therefore, this former member did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP also considered whether the MH conditions were unfitting for continued military service, regardless of specific diagnosis, and without regard to the presumption of fitness rule. The SRP noted the diagnosis of depression was recorded on the DD Form 2808 (Report of Medical Examination), prepared by a non-MH medical provider, a nurse practitioner who indicated the diagnosis was not based on a clinical examination but rather by subjective history. The SRP undertook a careful examination of the available clinical evidence and determined there was insufficient evidence for the diagnosis of depression. The treating psychiatrist diagnosed adjustment disorder with depressed mood; the depressed mood was the only symptom recorded. The SRP agreed that evidence of the record reflected no MH treatment or report of MH symptoms prior to June 2003.
4. The SRP acknowledged the Department of Veterans Affairs (VA) examiners diagnosis of PTSD; however, it concluded there was insufficient evidence to support a PTSD diagnosis, a conclusion supported by the VA. There was no recorded evidence that the FSM was exposed to a traumatic event to fulfill stressor Criterion A.
5. The SRP concluded there was insufficient evidence to support an unfit determination for any MH condition at the time of evaluation in the DES or prior to medical retirement and therefore none was subject to a disability rating. 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 adjudication for the FSM's MH conditions.
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) AR20140014429
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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