IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20140009050
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the 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 Department of Defense 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 separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the 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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military disability evaluation system (DES). The Department of Veterans Affairs (VA) examination, which was considered part of the DES process, rendered a diagnosis of anxiety disorder, but the psychiatric memorandum, medical evaluation board (MEB) and PEB concurred with a diagnosis of adjustment disorder. Adjustment disorder was referred to the DES remained throughout the disability evaluation process. Therefore, the applicants case did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that although symptoms suggestive of Post-Traumatic Stress Disorder (PTSD) and anxiety were noted in the service treatment records (STR), a diagnosis of adjustment disorder was consistently rendered, and was confirmed by a service psychiatrist who had treated the applicant; whereas the VA examiner made a diagnostic assessment of anxiety disorder based on only one evaluation. The SRP concluded the diagnosis of adjustment disorder at the time of the MEB and PEB was correct.
5. The SRP later considered whether a mental condition was unfitting for continued military service. The SRP's charge with respect to the MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEB's fitness adjudication. The SRP's threshold for countering PEB not-unfit determinations required a preponderance of evidence. The PEB adjudicated adjustment disorder as "not compensable" because it was deemed to not constitute a physical disability (although it was administratively unfitting). Even conceding the issue of psychiatric diagnosis or the PEB's conclusion regarding compensability, the SRP agreed the preponderance of evidence of the record reflected non-limiting symptoms (as related to mental functioning) in the period of time leading into the MEB.
6. The SRP noted that at no time during the applicant's military service did he require a psychiatric hospitalization or emergency care. No MH condition was profiled or was judged to fail retention standards by the MEB psychiatrist or the MEB. There was no indication that a MH problem limited his ability to perform his job.
7. After due deliberation in consideration of the preponderance of the evidence,
the SRP concluded the mental condition was not unfitting at the time of separation and was not subject to a service 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) AR20140009050
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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