IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014506
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 to the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in a
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of depression and anxiety due to general medication conditions (likely typographical error and should be due to general medical condition) were rendered during processing through the DES. The SRP concluded no MH diagnosis was changed during that process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP acknowledged the Department of Veterans Affairs (VA) examiners diagnosis of anxiety disorder, not otherwise specified (NOS); however, it could not find sufficient evidence to support the diagnosis. The available service treatment records (STRs) did not reflect sufficient evidence for a primary psychiatric diagnosis; specifically, there was no evidence that the applicant ever met the Diagnostic and Statistical Manual for Mental Disorders (DSM) diagnostic criteria for any primary Axis I diagnosis. The only recorded symptoms in the applicants medical evaluation board (MEB) report were depressed mood, memory issues, and sleep disturbance. The applicant had chronic pain issues and took multiple medications. The SRP concluded her mood and anxiety symptom constellation most reflected her overall medical condition and was not the product of a separate MH condition. Therefore, the diagnosis of depression and anxiety due to general medical condition was the most appropriate diagnosis at the time of medical retirement.
4. The SRP considered whether an MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP agreed that evidence of the record reflected minimal MH-related symptoms throughout the STR and at the Compensation and Pension (C&P) examination. The only recorded mental status examination (MSE), the VA C&P evaluation, recorded a completely normal MSE. There was no evidence of suicidal or homicidal ideations or threats, no anxiety attacks, no acute symptom exacerbation with visits to the emergency room, and no psychiatric hospitalizations. The treatment providers attributed the majority of her psychological symptoms to her physical condition. The MEB noted the applicant benefitted from treatment with antidepressant medication for reported mood and anxiety symptoms. The commanders statement did not implicate an MH condition and no MH condition was ever profiled. Although the applicants profile did record an S2 for a history of substance misuse, which was not a diagnosis; there were no MH restrictions.
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 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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ABCMR Record of Proceedings (cont) AR20140014506
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