IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011588
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 a 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 applicants case, the SRP determined by unanimous vote that there should 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). It noted that while the record did not contain any MH diagnosis prior to the DES and none was mentioned on the Report of Medical Examination Form 2808 that both the generalized anxiety disorder and an adjustment disorder were listed on the narrative summary (NARSUM), forwarded by the medical evaluation board (MEB) and adjudicated by the PEB. The SRP concluded that since the diagnoses were not changed to the applicant's possible disadvantage, the case did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP later turned to a discussion of the appropriateness of the diagnosis.
The SRP noted that the Compensation and Pension (C&P) examination which diagnosed adjustment disorder had supported that finding based on the applicants concerns about his current situation with regard to leaving the Army as well as his possible reactions to losses including the relatively recent deaths of family members and a recent miscarriage. There was no suggestion of combat-related anxiety and it stated that no symptoms were reported on his post-deployment assessment. As mentioned above there was no data in the available record regarding the diagnosis of a generalized anxiety disorder. The SRP concluded that there was not a preponderance of evidence to support any change in the diagnoses adjudicated by the PEB.
5. The SRP later turned to a discussion of fitness. It was noted that there was no reference to the impact of a MH disorder on military functioning in the commanders report or in the available Non-Commissioned Officer Evaluation Reports. Although the applicant had reportedly been seen by a civilian provider through OneSource for a brief period of time, there was no evidence in the record of treatment provided through service behavioral health care providers. There was no profile other than an S1 documented in the record and the available examinations reflect Global Assessment of Functioning scores of 85 and 95 indicating minimal or no symptoms. The SRP concluded that no MH disorder, regardless of diagnosis, rose to the level of being 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 fitness determination for the 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) AR20140011588
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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