BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011771
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 also states that his MH evaluation/award is incorrect and his rating should be increased.
4. 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 retirement determination.
2. 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 evidence of the available records shows the diagnosis of adjustment disorder, not otherwise specified (NOS) was rendered during DES processing. The applicant received the diagnoses of depressive disorder, NOS and anxiety disorder, NOS during the Department of Veterans Affairs (VA) compensation and pension examination 12 months prior to Temporary Disability Retired List (TDRL) entry. However, the examiner noted that the diagnosis of anxiety disorder, NOS was rendered for Post-Traumatic Stress Disorder (PTSD) symptoms not meeting the criteria for a PTSD diagnosis. The diagnosis of depressive disorder, NOS was rendered for depressive symptoms that did not meet the criteria of any specific depressive disorder.
3. The SRP noted the applicants treatment records leading to the TDRL placement did not record treatment for the diagnosis of depressive disorder, NOS and that the treatment rendered was associated with insomnia. The SRP concluded the diagnosis of adjustment disorder with anxiety and depressed mood was the appropriate diagnosis at the time of TDRL entry and permanent separation, and the diagnoses of depressive disorder, NOS and anxiety disorder, NOS were not supported. Therefore, at the time of processing through the DES no MH diagnoses were changed to the applicants possible disadvantage during that process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also considered whether the MH conditions were unfitting for continued military service, regardless of specific diagnosis, and without regard to the presumption of fitness rule. The adjustment disorder is not a physical disability and is not ratable. The SRP agreed that evidence of the record reflected minimal MH related symptoms. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of TDRL entry and permanent separation; therefore, none were subject to disability rating and the VA Schedule for Rating Disabilities section 4.129 was not appropriately applied in this case.
5. 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) AR20140011771
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RECORD OF PROCEEDINGS
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