IN THE CASE OF:
BOARD DATE: 22 January 2014
DOCKET NUMBER: AR20130021731
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 in the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; the physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable; and a disability rating was applicable in accordance with VASRD, section 4.130.
3. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition (Text Revision), including: the evidence for the stressor (criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyperarousal (criterion D), duration and onset (criterion E), and presence of clinically-significant distress or impairment in social, occupational, or other important areas of functioning (criterion F).
4. The SRP first considered if any changes to the applicant's MH diagnoses were made during the Disability Evaluation System process. The applicant's physical profile listed an adjustment disorder with anxiety with a permanent rating of "S1" (no psychiatric pathology) on 4 December 2009. The applicant's medical evaluation board narrative summary, dated 30 November 2009, listed and referred his adjustment disorder with anxiety to the PEB. The PEB adjudicated the adjustment disorder with anxiety. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process and that he did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP determined the applicant's MH conditions referred for review were not ratable by the PEB. The applicant's MH condition was specifically reviewed and considered by the SRP. The PEB adjudicated the MH condition to not be a physical disability and not ratable. The applicant's physical profile did not impose psychiatric limitations and there was no evidence of medical treatment for the MH condition in the applicant's records.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB determination for the MH condition and no disability rating was recommended.
7. 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) AR20130021731
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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