IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140014906
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) in which he states, in effect, his bipolar disorder needs to be compensated for.
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 of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of an MH diagnosis or diagnoses being changed or eliminated to the applicant's possible disadvantage during the Disability Evaluation Process (DES). The evidence present for review documents multiple MH diagnoses over the applicant's time in service, including but not limited to adjustment disorder with anxiety, attention deficit hyperactive disorder (ADHD), major depression, bipolar I, and anxiety disorder.
3. The SRP agreed after protracted deliberations that the evidence was questionable whether a diagnosis of bipolar 1 at the time of separation was supported and that the MH condition of ADHD was consistently applied throughout the Integrated DES (IDES) process. The SRP noted that the diagnoses of major depression, recurrent, moderate; and anxiety disorder not otherwise specified (NOS) were made by the Department of Veterans Affairs (VA) as part of the IDES disability assessment process.
4. The SRP noted the medical evaluation board (MEB) issued a statement of diagnostic variance, which disagreed with these diagnosed conditions and the MEB only forwarded the previously mentioned ADHD condition to the physical evaluation board (PEB) for consideration, eliminating the VA-diagnosed MH conditions. Therefore, the SRP concluded the applicants case appeared to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP also considered if an unfitting MH condition was present at the time of the applicant's separation. The SRP's evidentiary standard for fitness determinations required a preponderance of evidence. The commander's statement, prepared 7 months prior to the PEB, did note that "anxiety problems" negatively impacted duty performance with intermittent periods of inability to perform occupational tasks. However, it also noted that the applicant had effective relationships with supervisors and co-workers and that his MH condition did not interfere with workplace interactions. The S1 profile prepared 6 months prior to separation did not identify an MH condition. There was not a preponderance of evidence that documented duty impairment from an MH condition
6. The SRP determined that an established principle for fitness determinations was that they were performance-based, and the SRP was confronted in this case with equivocal evidence that the limitations imposed by an MH condition prohibited the performance of the military duties. The SRP noted there was possibly a late evolution of an MH condition in the applicant's career; however, a lack of evidence demonstrating sufficient inadequate performance due solely to this condition was not apparent to the panel and, as stated above, there was no preponderance of evidence supporting an unfitting MH condition. Furthermore, regardless of diagnosis, SRP members agreed there were no clinical features or specific functional limitations that would render any MH condition separately unfitting.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB's adjudication of the applicant's MH condition.
8. 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 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) AR20140014906
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