IN THE CASE OF
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20140002630
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) Mental Health 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 a mental health 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 mental health 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 be no change of the applicants disability and retirement determination.
2. The SRP considered the appropriateness of changes in mental health diagnoses, physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs 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 evidence shows anxiety disorder not otherwise specified was the consistent diagnosis from the Integrated Disability Evaluation System exam, psychiatric narrative summary, medical evaluation board and PEB. Traumatic Brain Injury (TBI) without residuals was noted in one exam and the psychiatrists determined any cognitive symptoms were due to the mental health diagnosis and not TBI. The SRP determined therefore that no mental health diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process and that the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
4. The SRP considered whether the applicant's anxiety disorder, or any mental condition regardless of specific diagnosis, was unfitting for continued military service. The SRP noted that no mental health condition was ever profiled (i.e. profile remained S1; no duty restrictions). The SRP concluded the evidence did not support that the mental health condition significantly interfered with the applicant's satisfactory duty performance.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend addition of any unfitting mental health condition. Therefore, no additional disability ratings were 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140002630
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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