IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010690
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 to the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of the Department of Veterans Affairs (VA) 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 applicant's MH condition during processing through the military Disability Evaluation System (DES). Because the medical evaluation board (MEB) listed diagnoses of anxiety disorder and post-traumatic stress disorder (PTSD), but the PEB specified only anxiety disorder, the SRP concluded the MH diagnosis was changed in the disability evaluation process and, therefore, the applicant met the inclusion criteria in the terms of reference of the MH review project.
4. The SRP noted the Integrated DES VA examiner reviewed all the PTSD criteria and appropriately concluded that the formal diagnosis of PTSD was not supported. The psychiatric addendum agreed with this assessment by noting that anxiety disorder was the present diagnosis and PTSD was a historical diagnosis. Therefore, the SRP concluded the diagnosis of anxiety disorder at the time of medical retirement was correct.
5. The SRP next considered whether any mental condition, regardless of diagnosis, 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 concluded the anxiety disorder was a condition not constituting a physical disability and therefore not ratable.
6. The SRP agreed this conclusion was erroneous and that anxiety disorder could constitute a physical disability in accordance with DOD Instruction 1332.38. However, the SRP agreed the preponderance of the evidence of record reflected non-limiting symptoms and good duty performance (as related to mental functioning) in the period of time leading to the MEB. At no time during the applicant's military service did he require psychiatric hospitalization or emergency care. The MH condition was not profiled or implicated in the commander's statement and was not judged to fail retention standards by the MEB psychiatrist or the MEB. There was no indication that an MH problem limited his ability to perform his job.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed the evidence of record reflected minimal occupational and social impairment in the period of time leading into the MEB and concluded the anxiety disorder condition was not unfitting at the time of the applicant's separation and not subject to disability rating.
8. 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) AR20140010690
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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