IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000239
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 of the applicant's disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (DES) Pilot Program.
3. The SRP first addressed the question of diagnosis, noting the diagnostic variance between the findings of not unfitting anxiety and the Department of Veterans Affairs (VA) Compensation and Pension (C&P) exam diagnosis of post-traumatic stress disorder (PTSD). The SRP reviewed the Memorandum of Diagnostic Variance. The narrative summary referenced the service treatment records (STR) supporting the diagnosis of anxiety and noted the VA examiner "did not review the complete medical records" and, therefore, utilized an "erroneous history" in concluding an "inaccurate diagnosis."
4. The SRP noted a statement in the VA Rating Decision of 25 September 2012 indicating the applicant's service treatment records do not contain evidence of behavioral health treatment. Further, the SRP noted the applicant did not receive behavioral health treatment at the time of his DES/VA examination and this was consistent with what was shown at the time of his medical evaluation board (MEB).
5. The applicant's behavioral health records at the present time were limited to neuropsychiatric testing and the findings of the narrative summary of the service treatment records provided by the MEB.
6. The SRP agreed by a 2 to 1 vote that the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. After review of the STR, the SRP found no evidence of military stressors beyond those normally expected for any Soldier in a combat zone.
7. The SRP unanimously agreed that the Axis I diagnosis did not meet the criteria of PTSD according to the Diagnostic and Statistical Manual of Mental Disorders (DSM), Fourth Edition. The SRP also agreed that the preponderance of evidence by multiple MH providers who provided continuity care to the applicant supported a diagnosis of anxiety disorder.
8. The SRP next considered whether the mental condition diagnosed by the VA and the MEB psychiatry evaluation, regardless of specific diagnosis, was not unfitting for continued military service. The SRP discussed the commander's statement that referenced the applicant seeking behavioral health for anger, memory, and concentration issues.
9. The SRP agreed that the evidence of record reflected minimal MH symptoms responding to treatment and no emergency room or unscheduled clinic visits or psychiatric hospitalizations for any MH condition.
10. The SRP concluded that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the DES or prior to separation.
11. 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) AR20140000239
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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