IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000794
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 separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, whether the provisions of the Department of Veterans Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130.
3. The SRP noted the DD Form 2807, Report of Medical History, documented a history of Post-Traumatic Stress Disorder (PTSD) while in Iraq. The psychiatry evaluation for the narrative summary (NARSUM), dated 11 February 2011, noted the diagnostic criteria for PTSD was not met but anxiety symptoms were significant. The applicants final diagnosis was anxiety disorder not otherwise specified (NOS). The physical evaluation board (PEB) rendered an MH diagnosis of anxiety disorder NOS, 4 months prior to applicant's separation and adjudicated it as not unfitting.
4. The SRP noted that the diagnosis on the Compensation and Pension (C&P) exam of 2 June 2010 was PTSD which differed from that of the 8 August 2011 Veterans Affairs Rating Decision (VARD). This VARD, a month after the applicant's separation, selected the medical evaluation board (MEB)/PEB diagnosis of anxiety disorder NOS for rating, stating that the PEB examination was as complete and thorough as a VA examination and the diagnosis of anxiety disorder NOS was accepted as the correct diagnosis.
5. The SRP unanimously concluded that no diagnostic variance existed between the MH diagnoses of the PEB and the VA at the time of the applicant's separation. The SRP next undertook to determine if any MH condition was unfitting.
6. The SRP considered that no MH condition was specifically profiled; neither contained in the commander's statement nor was judged to fail retention standards. The applicants record contained no record of hospitalizations, emergency department or unscheduled clinic visits for treatment of any MH condition. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance.
7. The SRP noted no change in diagnosis in this case that may have disadvantaged the applicant and unanimously agreed that VASRD Section 4.130 and 4.129 were not applicable. The SRP agreed the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support an unfit determination for any MH disorder at the time of evaluation in the Disability Evaluation System or prior to the applicant's separation. Thus, no ratings were recommended.
9. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000794
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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