BOARD DATE: 7 May 2014
DOCKET NUMBER: AR20140005781
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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses,
Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions 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 that a diagnosis of Post-Traumatic Stress Disorder (PTSD) had been made at the Disability Evaluation System (DES) Compensation and Pension (C&P) evaluation but this diagnosis was changed to adjustment disorder by the psychiatrist who did the retention exam and then to anxiety disorder not otherwise specified (NOS) by the Medical Evaluation Board (MEB) and PEB. The SRP concluded that this case did not meet the inclusion criteria of the Terms of Reference of the MH Special Review Project.
4. The SRP next considered the appropriateness of the diagnosis. The SRP discussed the possibility that the MEB's diagnosis was erroneous and that it had meant to list adjustment disorder with anxiety and disturbance of mood as the Axis I medically acceptable diagnosis since that was the diagnosis made in the retention assessment with which the MEB said it was concurring. However, it could also have been an opinion that the applicant's symptoms were closer to the VA diagnosed PTSD, but not meeting all PTSD criterion.
5. The SRP reviewed the issue of fitness. Based on a review of the entirety of the record, the SRP concluded that the preponderance of the evidence did not support any change in the PEB diagnosis of anxiety disorder or its finding that the condition was not unfitting at the time of separation.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions.
7. 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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ABCMR Record of Proceedings (cont) AR20140005781
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