IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019737
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 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. A copy of the SRP recommendation was forwarded to the applicant.
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 recommended no change in the applicants mental health diagnosis, unfitting conditions or rating at separation. However, the SRP does recommend a change in her physical evaluation board (PEB) adjudication to find medical evaluation board (MEB) diagnosis #16 [anxiety disorder (see diagnostic variance)] as not unfitting versus not a physical disability for administrative correctness.
2. The SRP agreed that the face-to-face assessments by psychiatrists over the course of at least a year which resulted in the opinion voiced in the Diagnostic Variance Memorandum that the condition did not meet the full criteria for a diagnosis of post-traumatic stress disorder (PTSD) was correct, and that the anxiety disorder diagnosis was a well supported diagnosis. The SRP also agreed that the diagnosis of anxiety disorder was the correct diagnosis by the preponderance of the evidence.
3. The SRP considered that the PEB notation that the MEB diagnosis #16 [Anxiety disorder (see diagnostic variance)] was not compensable, as it was not deemed to constitute a physical disability was not accurate. Department of Defense Instruction (DODI) 1332.38, encl 5 specifies Adjustment Disorders and some other mental disorders as not compensable/not a physical disability, but does not mention anxiety disorder. Specifically, anxiety disorder may be considered a physical disability and may be compensable in accordance with DOD guidance if considered unfitting. Regarding fitness determination for the anxiety disorder, the evidence did not indicate significant impairment of duty performance from any mental health condition.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support an unfit determination for anxiety disorder, or any mental health condition, at the time of evaluation in the Disability Evaluation System or prior to separation.
5. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing her PEB adjudication to find MEB diagnosis #16 [Anxiety disorder (see diagnostic variance)] as not unfitting versus not a physical disability for administrative correctness.
_______ _ 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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ABCMR Record of Proceedings (cont) AR20130019737
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