IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014559
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 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 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 physical evaluation board (PEB) mental health determination.
2. The SRP reviewed the records for evidence of inappropriate changes in a
diagnosis of the applicant's MH condition during processing through the military Integrated Disability Evaluation System (IDES). Diagnoses of Post-Traumatic Stress Disorder (PTSD), major depressive disorder (MDD), and panic disorder without agoraphobia (Department of Veterans Affairs (VA)) and anxiety disorder (medical evaluation board (MEB)) were rendered during the IDES process. The diagnosis of PTSD, MDD, and panic disorder were not forwarded by the MEB. The SRP determined that the applicant appeared to meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP agreed the PEB not unfitting adjudication of anxiety disorder not otherwise specified (NOS) was supported by the evidence.
3. The SRP noted the evidence in the treatment records did not support a PTSD diagnosis because there was no clear evidence of criteria A (no evidence of combat trauma, did have conflict with a noncommissioned officer (NCO) that was troublesome. An investigation of the incident led to a reprimand of the NCO); criteria B (No traumatic event was persistently re-experienced; the subject of therapy sessions was primarily related to family and marital issues); or criteria F (The disturbance did not cause clinically significant distress or impairment in social, occupational, or other important areas of functioning; the Soldier was able to perform duties, was able to go out on dates even after wife and son left, was able to travel to Texas to get his son and return with him to take care of him) were met.
4. The SRP also noted that the applicant indicated he had a history of deployment-related anxiety and sought MH care prior to deployment. He was predisposed to anxiety symptoms (depression, easy irritability, bad dreams four times/month, hypervigilance, and relationship concerns) as he acknowledged prior to deployment. There were no psychiatric emergency visits, no active suicidal or homicidal thoughts, no legal issues (outside of the divorce), no reports of domestic violence, nor any psychiatric hospitalizations. The commanders statement did indicate that the applicant had problems when angry, irritable and on edge (but wasnt harmful to self or others), made reasonable decisions (including complex ones) and he attended school, was aware of what he needed to complete and had not had any problems with the applicant since he was in the Warrior Transition Unit. The General Medical Compensation and Pension examination indicated he had missed no days of work. He never received an S3 profile.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the anxiety disorder NOS was not unfitting, as determined by the PEB, and that no mental disorder, regardless of the diagnosis, rose to the level of unfitting.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140014559
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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