BOARD DATE: 23 July 2014 DOCKET NUMBER: AR20140010886 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 retirement determination. 2. The SRP noted that the applicant’s initial MH diagnosis was adjustment disorder. A few weeks later, a psychologist changed the diagnosis to anxiety disorder, not otherwise specified (NOS). The applicant was seen by a psychiatrist and was diagnosed with atypical depressive disorder. The psychologist wrote, “Service member has some elements of posttraumatic stress disorder but they are not affecting the applicant’s work situation at this time.” 3. The SRP reviewed the analysis conducted on 21 April 2011. The applicant had a MH Compensation and Pension exam. The mental status exam was similar to 3 months earlier, except for some notable differences. Due to the diagnostic variance, a diagnostic variance evaluation (DVE) was performed in October 2011. The resulting diagnosis from the DVE was anxiety disorder, NOS. 4. The SRP noted that the Army Physical Evaluation Board (PEB) found him unfit due to anxiety disorder, NOS. The applicant was placed on the Temporary Disability Retired List (TDRL) where he remains to this day. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition, PEB fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable and a disability rating recommendation in accordance with VASRD section 4.130. 5. The applicant’s MH diagnosis was changed during the Disability Evaluation System process, but none of the changes in diagnoses were to the applicant’s possible disadvantage. The SRP therefore determined that this applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 6. The SRP then considered the appropriateness of changes in the MH diagnoses and concluded that none of the diagnostic changes were inappropriate. Each MH examiner had performed a careful evaluation and arrived at a diagnostic assessment which they felt was most appropriate at that time. 7. The SRP also reviewed the PEB fitness determination and other evidence in the record; the SRP concluded that the applicant’s MH symptoms were indeed unfitting. Furthermore, the provisions of VASRD section 4.129 are applicable in this case. The Army PEB appropriately assigned a disability rating of 50 percent for the unfitting MH condition which resulted from a highly stressful event and was severe enough to bring about the applicant’s release from active military service. 8. The SRP agree that considering the records available in its entirety the evidence was insufficient cause to recommend a change in the PEB adjudication at TDRL entry. 9. 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140010886 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1