IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015778
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 separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of any MH condition during processing through the pilot Disability Evaluation System (DES). The evidence of the available records showed diagnoses of primary insomnia and maladaptive personality traits were the only MH diagnoses rendered during processing through the pilot DES. Both were eliminated from the medical evaluation board (MEB) and, therefore, not adjudicated by the physical evaluation board (PEB). However, those diagnoses were not identified in the focused criteria in the Mental Health Review Terms of Reference. The SRP determined the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP acknowledged the applicants assertion that his records should be corrected to include a Post-Traumatic Stress Disorder (PTSD) diagnosis; however, there was no evidence to support a PTSD diagnosis. At the Department of Veterans Affairs (VA), the applicant claimed a pre-existing condition of PTSD and that his experiences in the military served to aggravate that condition. The VA psychiatrist noted that the diagnostic criteria for PTSD were not met, he had no symptoms of PTSD, and there were no recorded PTSD symptoms in any of the treatment records. At the 2013 VA mental examination, the psychiatrist indicated the applicant did not meet the criteria for PTSD and, thus, PTSD was not diagnosed. The applicant never deployed to the combat zone, and although he reported that pre-military exposure to trauma resulted in PTSD, he also noted he had not received any MH treatment, suggesting a self-diagnosis of PTSD. The SRP concluded there was no evidence to support a PTSD diagnosis at any time prior to separation.
4. The SRP undertook a careful review of the record in evidence and was unable to conclude that the full diagnostic criteria for primary insomnia were met. There was no clear evidence that the insomnia was not secondary to other medical issues or was the direct physiological effects of medications used to treat other conditions or the use of substances (caffeine). The SRP also considered whether any MH condition(s) were unfitting for continued military service, regardless of specific diagnosis.
5. The SRP noted the applicant had received no MH care, reported brief use
of sleep medication, mental status examinations (MSE) were unremarkable, and there were no reports of visits to the emergency room secondary to sleep-related accidents, or suicidal thoughts and mood or anxiety symptoms. There was no indication in the record that the applicants report of excessive daytime sleepiness interfered with duty. The SRP concluded that the evidence of the record reflected minimal MH-related symptoms leading to the time of separation. The commanders statement did not implicate an MH issue in regard to occupational functioning or mention issues related to insomnia. No MH condition or the condition of insomnia was ever profiled.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and none were subject to disability rating.
7. 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 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) AR20140015778
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