IN THE CASE OF:
BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140010896
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 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 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 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 no change of the applicants disability and retirement determination.
2. The SRP considered the appropriateness of changes in the applicant's 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 whether a disability rating recommendation in accordance with VASRD Section 4.130 was made.
3. The SRP noted that while anxiety disorder, not otherwise specified (NOS) was documented as a diagnosis in March 2009, the diagnosis was changed to adjustment disorder by her providers in June 2009 and that was the diagnosis accepted in the narrative summary (NARSUM), the VA Disability Evaluation System (DES) exam, the medical evaluation board (MEB), and the PEB. Since the diagnosis did not appear to have been changed during the processing through the DES, the SRP concluded the applicants case did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP considered the discussion of the appropriateness of the diagnosis. The SRP noted that one of the applicants providers had specifically addressed the issue of potential Post-Traumatic Stress Disorder (PTSD) related to the motorcycle accident and determined that she did not meet the criteria for that disorder. Although her providers appeared to believe that she qualified for a diagnosis of anxiety disorder, NOS during the period including her initial consultations, she appeared to more closely meet the criteria for adjustment disorder subsequent to June 2009 and up to the time the condition was adjudicated by the PEB. The SRP concluded that the preponderance of evidence did not support a change in the diagnosis adjudicated by the PEB.
5. The SRP also considered a discussion of fitness regardless of the diagnoses. It was noted that all of the applicants providers, as well as the NARSUM author and the VA psychiatrist who performed the Integrated DES (IDES) evaluation, considered her symptoms to be minimal and/or to have no impact on military function. The commanders statement did not mention any effect of an MH condition on the performance of military duties, and there was no evidence in the available record of any profile reflecting limitation of duty due to an MH condition. The SRP agreed with the PEB determination that adjustment disorder was not ratable in accordance with the Department of Defense Instruction (DODI) 1332.38 E5.1.3.9.4 (in effect at the time) and that there was not a preponderance of evidence to support that any MH condition rose to the level of being unfitting at the time of retirement.
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 fitness determination for the applicant's MH condition and no disability ratings was recommended.
7. 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
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ABCMR Record of Proceedings (cont) AR20140010896
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