IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013518
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 reviewed the records for evidence of changes in a diagnosis of the MH condition during processing through the military pilot Disability Evaluation System (DES). The evidence of the available records showed diagnoses of anxiety disorder not otherwise specified (NOS) and dyssomnia NOS were rendered during processing through the DES. The SRP determined the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP agreed the preponderance of evidence at the time of separation supported the anxiety disorder NOS diagnosis. Clinical documentation described essentially normal mental status examinations and symptoms responsive to treatment. There were no emergency room visits for MH symptoms, no psychiatric hospitalizations, and no evidence of behavior health treatment in the 14 months prior to separation. He was cleared to deploy.
4. The SRP noted that according to the Diagnostic and Statistical Manual (DSM), dyssomnia NOS included insomnias, hypersomnias and circadian rhythm disturbances that did not meet the criteria for any specific sleep disorder. The record documented sleep problems in many cases without reference to any specific cause but noted improvement with medication. Therefore, defining the sleep condition was less clear since there were possibly multifactorial causes including his later diagnosis of sleep apnea. The commanders statement did not
implicate an MH issue as interfering in good duty performance, and the mental health condition was never profiled.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to disability rating.
6. 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) AR20140013518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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