IN THE CASE OF:
BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140003239
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 a change of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records showed no MH diagnosis; however, the diagnostic variance memorandum recorded a diagnosis of adjustment disorder and the Compensation and Pension evaluation recorded a diagnosis of anxiety disorder not otherwise specified (NOS). Both diagnoses were rendered during processing through the IDES and the MH diagnosis was changed to the applicant's possible disadvantage during that process. Therefore the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed the preponderance of evidence at the time of separation did not support an anxiety disorder NOS diagnosis. Clinical documentation described normal mental status examinations with no evidence of psychological symptoms. The Department of Veterans Affairs (VA) exam recorded symptoms related to being boarded out of the military, finances and marital issues. The clinical record recorded minimal symptoms.
4. The VA examiner diagnosed anxiety disorder NOS, and that the reported symptoms were inconsistent with the treatment record. Although the applicant endorsed more symptoms at the VA than recorded in the military record, available treatment records were consistent with an adjustment disorder diagnosis.
5. The SRP concluded the diagnosis of adjustment disorder with depression and anxiety symptoms was the appropriate diagnosis at the time of separation.
6. The SRP considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service. The adjustment disorder was not a physical disability and was not ratable in accordance with DODI 1332.38. The SRP agreed that evidence of the record reflected minimal MH related symptoms. There was no evidence the applicant was treated for an MH condition. The applicant was prescribed medication and reportedly took no medications and none were recorded in the medication profile. The commander's statement did not implicate a MH issue and the MH condition was never profiled.
7. After due deliberation in the consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to a disability rating.
8. 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) AR20140003239
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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