IN THE CASE OF:
BOARD DATE: 17 December 2014
DOCKET NUMBER: AR20140019337
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 her diagnosis of Post-Traumatic Stress Disorder (PTSD) is not service connected; however, it was incurred in the line of duty
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 for changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records showed the Medical Evaluation Board (MEB) diagnosed mood disorder due to chronic pain and closed head injury with a major depressive-like episode, while the Department of Veterans Affairs (VA) diagnosed depressive disorder due to medical conditions, severe, secondary to fibromyalgia during the Integrated DES process. Both the narrative summary (NARSUM) addendum and the compensation and pension examinations agreed that the applicants depression was secondary to medical and physical problems.
3. The SRP agreed there was no change in diagnosis or inappropriate changes in diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that after retirement the applicant filed a VA claim which included PTSD. Although a civilian counselor reported the applicant had a diagnosis of PTSD, the applicant never documented specific symptoms that met the Diagnostic and Statistical Manual of Mental Disorders (DSM) Text Revision IV criteria for PTSD, and the counselors records showed that PTSD could have resulted from other than in-service experiences.
5. The SRP also noted that the applicant's Service medical records showed that a diagnosis of PTSD was never rendered, there was no treatment in service for PTSD, and a diagnosis of PTSD was not listed on the MEB history/physical or the MEB NARSUM. The available service treatment records did not reflect evidence for a PTSD diagnosis; specifically, there was no evidence that the applicant ever met the DSM diagnostic criteria for PTSD.
6. The SRP concluded that the preponderance of evidence did not support a diagnosis of PTSD prior to or at the time of separation and, therefore, PTSD was correctly not considered by the Physical Evaluation Board (PEB). The SRP noted that the mood disorder due to chronic pain condition was subsumed in the fibromyalgia rating.
7. After due deliberation, considering all of the evidence and mindful of the VA Schedule for Rating Disabilities section 4.3, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant's MH condition as part of the fibromyalgia condition at the time of medical retirement.
8. 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) AR20140019337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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