IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150006060
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 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 separation determination.
2. The SRP considers the appropriateness of changes in the applicant's MH diagnoses, and provides remedial recommendations if it is judged that there were any elimination or unfavorable change in MH diagnosis by the Service. The SRP further considers whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable to any unfitting MH condition and makes rating recommendations in accordance with VASRD section 4.130. Under the Terms of Reference of the MH Review Project, the SRP considers the elimination or change in diagnosis of post-traumatic stress disorder (PTSD) applying criteria of the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (Text Revision). Since the diagnosis of adjustment disorder was not changed and the Veterans Affairs diagnosis of PTSD was formally considered, the SRP concluded that the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Panel.
3. The SRP noted that adjustment disorder does not constitute a ratable condition in accordance with Department of Defense instruction (DODI) 1332.38 (E5.1.3.9.4). The SRP first considered whether a change of the diagnosis to PTSD or other ratable MH diagnosis could be recommended. The evidence confirms a consistently documented and well corroborated diagnosis of adjustment disorder reflected by the Service Treatment Records, and a significantly disparate VA compensation & pension examination supporting diagnoses of PTSD and major depressive disorder. The latter is not corroborated by any evidence of service and is contradicted by nearly all of it.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was not a preponderance of evidence in support of a recommendation to change the diagnosis of adjustment disorder to PTSD or any alternate diagnosis. It was likewise agreed that, even if a recommendation for a change to a ratable diagnosis was conceded, there is compelling evidence that no unfitting psychiatric impairment existed at separation.
5. 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) AR20150006060
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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