IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014478
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 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 changes in the applicant's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP noted that the diagnoses under consideration during the Disability Evaluation System (DES) included anxiety disorder not otherwise specified (NOS); and Seizure Disorder vs. Pseudoseizures, conversion disorder with pseudoseizures, and conversion disorder with seizures or convulsions, in remission (by history). The PEB adjudicated anxiety disorder and seizure disorder as not unfitting. Conversion disorder with pseudoseizures is not equivalent to seizure disorder; however, the duty-impacting manifestations would be similar. Conversion disorder was therefore dropped as a diagnosis, but the anxiety disorder condition remained. This applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted that the diagnosis of anxiety disorder, NOS is well supported and was unchanged throughout the DES. The SRP determined that conversion disorder with seizures or convulsions, in remission (by history) was a reasonable diagnosis; however, there was not a preponderance of the evidence sufficient to recommend changing the seizure disorder diagnosis to an MH diagnosis.
5. The SRP then addressed whether any MH disorder regardless of diagnosis rose to the level of being unfitting. The SRP concluded that in consideration of the preponderance of the evidence, there was insufficient evidence that any MH conditions regardless of diagnoses rose to the level of being unfitting at the time of the applicant's retirement and therefore none were subject to a disability rating.
6. 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) AR20140014478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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