IN THE CASE OF:
BOARD DATE: 7 January 2015
DOCKET NUMBER: AR20140021506
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 retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES). The evidence of the available records show diagnoses of Post-Traumatic Stress Disorder (PTSD) and anxiety disorder not otherwise specified (NOS) were rendered. At the time of processing through the DES, the diagnosis of PTSD was not considered by the physical evaluation board (PEB); the SRP determined that the PTSD condition was eliminated to the applicants possible disadvantage during that process. Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the applicants recorded symptoms at the Department of Veterans Affairs (VA) examination in November 2010 were significantly more than the reported symptoms in the treatment records and at the medical evaluation board (MEB) psychiatric diagnostic variance. The applicant endorsed many symptoms related to PTSD that were not recorded in any of the available treatment records and many that were inconsistent with reported symptoms at the diagnostic variance evaluation, 4 months after the VA evaluation.
4. The SRP undertook a careful review of the record in evidence and agreed there was not a preponderance of evidence that the applicant ever met the full diagnostic criteria for PTSD. The VA examiner noted he fulfilled all but one criteria for PTSD. The SRP carefully reviewed the VA examination and determined that there was insufficient evidence that Criterion C was met. The SRP concluded there was insufficient evidence to support the diagnosis of PTSD and the diagnosis of anxiety disorder NOS was the appropriate diagnosis at the time of medical retirement. The SRP also considered whether the MH conditions were unfitting for continued military service, regardless of specific diagnosis.
5. The SRP noted that service treatment records reflected no MH entries in the four years prior to the VA examination; however, the VA examiner noted the applicant participated in two therapy sessions per month and found that to be beneficial. The applicant was not under the care of a psychiatrist and was not prescribed any psychotropic medications. He briefly took medication for sleep and did not find it particularly helpful. The majority of the mental status examinations of record were normal. There were no visits to the emergency room for MH issues, no reported incidence of violence, no psychiatric hospitalizations, no evidence of suicidal behaviors, and no reports of homicidal thoughts.
6. The SRP agreed that the evidence of the record reflected minimal MH-related symptoms. Although the commander statement indicated the applicants physical and mental condition interfered with successful duty performance, the impact of his mental condition was ill-defined and not consistent with the clinical evidence. The commander also stated his medical conditions/limitations affected his ability to work a full duty day due to lack of stamina. No MH condition was ever profiled.
7. 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.
8. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140021506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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