IN THE CASE OF:
BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140010846
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, Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of 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 pilot Disability Evaluation System (DES). The SRP noted that the earlier service diagnoses were history of Attention Deficit Hyper Disorder (ADHD) and adjustment disorder. Anxiety Disorder, not otherwise specified (NOS) was diagnosed by the Department of Veterans Affairs (VA) Compensation & Pension.
4. The SRP noted that early in the DES process, the anxiety disorder was the accepted diagnosis forwarded by the Medical Evaluation Board (MEB) and adjudicated by the PEB. This was considered a progression to a more serious diagnosis. Since the diagnosis did not appear to have been changed to the applicant's possible disadvantage during his DES processing, therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
5. The SRP then turned to a discussion of the appropriateness of the diagnosis at the time of separation. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manuel for Mental Disorders 4th Edition (DSM-IV). The SRP concluded that the first VA medical examination appeared more consistent with the clinical condition as documented in the available record up until time of separation and that the preponderance of evidence did not support a change from anxiety disorder, NOS to PTSD at the time of separation. Post-separation progression of the applicants MH diagnoses and symptom worsening were noted by the SRP, but were not considered indicative of the applicants condition proximate to separation.
6. The SRP then considered whether the applicant's MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRPs charge with respect to MH conditions referred for review that were determined to be not unfitting by the PEB is an assessment of the appropriateness of the PEBs fitness adjudication.
7. 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 fitness determination for the applicant's MH condition, and, therefore, no disability ratings can be recommended.
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
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ABCMR Record of Proceedings (cont) AR20140010846
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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