IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000251
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 applicants 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 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 determined by unanimous vote that there should be no change of the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records show the diagnoses of anxiety disorder and borderline personality disorder were consistent throughout the military DES (medical evaluation board (MEB), physical profile and physical evaluation board (PEB)) and that no changes to those diagnoses were made. The SRP agreed the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the PEB adjudicated the anxiety disorder and borderline personality disorder as not unfitting and therefore was not rated. The SRP reviewed the anxiety disorder and borderline personality disorder for fitness and possible rating (under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130) if determined to be unfitting for military service. The MH condition was not implicated on the profile or the commanders statement (written prior to the initial presentation of applicants MH condition). The MEB narrative summary (NARSUM) identified the MH diagnosis as panic disorder without agoraphobia but indicated that further evaluation was needed. That further evaluation led to the MEB and PEB diagnosis of anxiety disorder and borderline personality disorder.
4. The SRP reviewed and considered the MH condition. There was no indication from the record that the MH condition significantly interfered with satisfactory duty performance as the treatment records indicate that the applicants MH condition was just beginning to evolve and did not sufficiently impact her duty performance at the time of Temporary Disability Retired List entry. Two independent evaluations after the development of symptoms determined the applicant met medical standards. SRP members agreed that the provisions of VASRD Section 4.129 were not applicable in this case.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfitness for any contended MH condition; and, therefore, no additional disability rating was recommended.
6. The available evidence shows the SRPs 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 that 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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ABCMR Record of Proceedings (cont) AR20140000251
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