IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011780
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 rating for anxiety disorder, Post-Traumatic Stress Disorder (PTSD), and Traumatic Brain Injury were not recognized as a disability.
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 considered the appropriateness of the changes in the MH diagnoses, Physical Evaluation Board fitness determination; and if unfitting, whether the provisions of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 was 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 Disability Evaluation System. A diagnosis of possible PTSD was reported by the narrative summary examiner; and subsequent clarification by a psychiatrist confirmed the diagnosis to be anxiety disorder. The SRP therefore determined that the MH diagnosis was changed in the disability evaluation system. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP next considered whether any MH condition, regardless of diagnosis, was unfitting for continued military service. The SRP agreed that the preponderance of evidence of the record reflected minimal symptoms and good duty performance in the period of time leading into the Medical Evaluation Board. The SRP concluded that the MH condition was not unfitting at the time of medical retirement; therefore, no MH diagnosis was subject to an additional disability rating.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140011780
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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