IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000795
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 medical separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System.
3. The SRP noted the evidence of the applicant's available records showed diagnoses of a major depressive disorder (MDD) and an anxiety disorder (not otherwise specified (NOS)) were rendered; however, the SRP agreed there were no inappropriate changes in diagnoses because depressive symptoms were within the anxiety disorder (NOS) spectrum and did not confer a separate diagnosis when full Diagnostic and Statistical Manual of Mental Disorders criteria were not met. The majority of the treatment notes did not reflect a primary depression condition and depression was not a treatment focus.
4. The SRP agreed the appropriate diagnosis was anxiety disorder (NOS). Therefore, the depression was appropriately not considered by the physical evaluation board (PEB) at the time of the applicant's separation.
5. The SRP determined the MH diagnoses were not changed or deleted to the applicant's possible disadvantage in the disability evaluation and the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
6. The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP agreed that the evidence of the record reflected minimal MH-related symptoms. There was no evidence from the medication profile of continued psychotropic medication use beyond the one-time 30-day prescription, 5 months prior to the applicant's medical separation.
7. The SRP agreed the evidence of record reflected minimal MH-related symptoms and good duty performance (as related to mental functioning). No MH condition was profiled in the period of time leading into the medical evaluation board (MEB) and therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and was subject to a disability rating.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH condition.
9. 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) AR20140000795
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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