IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140015305
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 determination.
2. The SRP determined that the referred MH diagnosis was not changed in the
Disability Evaluation System (DES) process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the physical evaluation board (PEB) adjudicated the adjustment disorder condition did not constitute a physical disability and was not compensable; not a true not unfitting adjudication. Throughout the service treatment record, the applicant continued to manifest symptoms of an adjustment disorder with mixed anxiety and depressed mood. The applicant was seen at the Department of Veterans Affairs (VA) in March 2009 and was diagnosed with Post-Traumatic Stress Disorder (PTSD) based on her report that she had experienced distressing recollections of mortar attacks and one of the employees she saw daily was killed by a mortar attack while in the Green Zone.
4. The SRP noted the medical evaluation board (MEB) psychiatrist documented that there was no evidence of history that she was exposed to traumatic events other than being deployed overseas and hearing distant mortar shelling. The examiner further opined that he didnt elicit any B, C, or D PTSD criteria that was significant enough to conclude that the applicant was experiencing PTSD symptoms. The SRP carefully reviewed the evidence and noted that there was no documentation that met criteria A for PTSD or application of the VA Schedule for Rating Disabilities (VASRD) Section 4.129. The commanders statement focused only on the medical condition. There was no evidence in the record that the applicant had suicidal or homicidal ideations nor were there any psychiatric hospitalizations. The MH condition was carefully reviewed and considered by the SRP.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that adjustment disorder was the correct diagnosis and there was insufficient cause to recommend an unfitting MH diagnosis be added to the applicants DES file and no disability rating was recommended.
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
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ABCMR Record of Proceedings (cont) AR20140015305
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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