BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014491
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 also states that Post-Traumatic Stress Disorder (PTSD) was not awarded until the Department of Veterans Affairs (VA) stepped in.
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 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 reviewed the records for evidence of inappropriate changes in diagnosis of any MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records showed the diagnoses of depression, insomnia, and mood disorder not otherwise specified (NOS) were rendered during IDES processing. The SRP acknowledged the VA examiners assessment of mood disorder NOS; however, it found insufficient evidence to support the diagnosis. The SRP concluded there was not sufficient evidence that the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) diagnostic criteria for mood disorder NOS were met. The recorded diagnosis of depression during the physical examination for the Medical Evaluation Board (MEB) provided no evidence for the diagnosis, since no symptoms were recorded. The SRP determined that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the PTSD diagnosis assessed after medical retirement; however, it found insufficient evidence that the applicant fully met DSM-IV diagnostic criteria for PTSD. The SRP noted that review of the records noted the applicant denied PTSD symptoms on multiple occasions. The SRP members concluded the preponderance of evidence did not support a diagnosis of PTSD. The diagnosis of insomnia, NOS with reduced need for sleep and down mood was recorded in the MEB; the psychiatric narrative summary recorded no diagnosis but acknowledged sleep disturbance and low mood. The SRP concluded the diagnosis of insomnia NOS was the appropriate diagnosis at the time of medical retirement.
4. The SRP also considered whether the applicant's MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP unanimous agreed that evidence of the record reflected minimal MH-related symptoms and the applicant concurred with the Physical Evaluation Board findings. After due deliberation the SRP concluded that the preponderance of evidence did not support an unfit determination for any MH condition at the time of evaluation in the DES or prior to separation.
5. 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) AR20140014491
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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