IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014269
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 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 to the applicants disability and retirement determination.
2. The SRP considers the appropriateness of changes (if any) in the MH diagnoses, and the appropriateness of physical evaluation board (PEB) fitness determinations for any MH condition. If the SRP, based on a preponderance of evidence, judged that a compensable MH condition was unfairly withheld from consideration for service rating during Disability Evaluation System (DES)
proceedings, it evaluated the fitness implications and if it was judged to be unfitting (based on a preponderance of performance-based evidence), it recommended it for rating; further considered whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), Section 4.129 were applicable; and made recommendations for said ratings in accordance with VASRD Section 4.130 (and VASRD Section 4.129 as appropriate).
3. The SRP considered, under the Terms of Reference of the MH Review Project, the elimination or change in diagnosis of applying criteria of the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM IV-TR): the evidence for the stressor (criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyperarousal (criterion D), duration and onset (criterion E), and presence of significant distress or impairment in social, occupational or other important area of functioning (criterion F). In this case, there were preceding psychiatric diagnoses (Post-Traumatic Stress Disorder (PTSD) and anxiety disorder not otherwise specified (NOS)) which were in evidence for DES proceedings, but there was a documented opinion by the medical evaluation board (MEB) psychiatric consultant that the diagnosis was anxiety disorder and that it met retention standards. Although ideally the MH condition would have been forwarded for a definitive PEB adjudication, the MEB did not include it on the DA Form 3947 submission. Therefore, the applicants case did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP directed attention to its recommendations based on the above evidence. Its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (either PTSD or anxiety disorder) was unfairly eliminated during DES proceedings. The SRP first considered whether a diagnosis of PTSD was recommended in lieu of the MEB psychiatric diagnosis of anxiety disorder NOS. The SRP concurred, in light of the conflicting evidence and inadequate support for the presence of the requisite DSM IV-TR criteria (at the time of temporary or permanent retirement), that a preponderance of evidence did not support a recommendation favoring a diagnosis of PTSD. The SRP next considered whether there was preponderance of performance-based evidence supporting an SRP recommendation that the MEB diagnosis of anxiety disorder be determined as unfitting. Considering the S1 profile, convincing retention opinions of the MEB and the Temporary Disability Retired List (TDRL) psychiatrists, the absence of any MH impairment implicated by the commander, and the employment history, the SRP concurred that a recommendation for any unfitting MH condition was not supported.
5. After due deliberation in consideration of the preponderance of the evidence,
the SRP agreed that it would be a moot administrative exercise to recommend the addition of anxiety disorder NOS as a condition determined to be not unfitting, since it provides no benefit to the applicant.
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 the that 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) AR20140014269
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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