IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140015780
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 responded by providing copies of her medical records; however, she failed to provide a detailed analysis on what findings she disagreed with or would like reconsidered after having an opportunity to review the original decision rendered by the SRP.
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 considered the appropriateness of changes in the MH diagnoses;
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.
3. The SRP first reviewed the records for evidence of inappropriate changes or elimination of a diagnosis of the MH condition during processing through the Disability Evaluation System (DES) and found none. The applicant had ceased treatment for post-deployment MH symptoms at her request and with the agreement of her therapist 17 months before separation, and no MH condition was entered into the Integrated DES (IDES) process or noted on any core DES documents. The SRP therefore agreed the applicants case did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRPs first assessment with regard to the MH condition was to judge (based on a preponderance of evidence) whether a diagnosis was changed to the disadvantage of the applicant or whether a diagnosis of Post-Traumatic Stress Disorder (PTSD) was changed or unfairly eliminated. The evidence in this case demonstrated that various MH diagnoses were made and treated in Service, but there was no evidence that any Service MH professional diagnosed the MH symptoms noted in the service treatment records (STR) prior to separation as PTSD according to the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV) criteria. Although post-separation MH treatment notes indicated a diagnosis of PTSD shortly after separation, the SRP considered that there was increased quantity and severity of MH symptoms reported at post-separation evaluations compared with treatment visits prior to separation.
5. The SRP agreed there was inadequate support for recommending a diagnosis of PTSD for disability rating. It was likewise agreed that even if another MH diagnosis was conceded for consideration, there was insufficient evidence for recommending it as unfitting in view of the S1 profile, the excellent developmental counseling remarks, the commanders recommendation that the applicant be retained, and the lack of any performance-based evidence in the STR suggesting that there were MH limitations on the applicants performance.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend the addition of any MH diagnosis for disability rating.
7. After careful consideration of the available evidence and the applicants response to the advisory opinion, 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) AR20140015780
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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