BOARD DATE: 8 October 2014
DOCKET NUMBER: AR20140015409
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. The applicant requests that anxiety disorder be corrected to chronic Post-Traumatic Stress Disorder and that he be moved from the Temporary Retired Disability List (TDRL) to permanent retirement.
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 also states that all other doctors whom he had medical care with diagnosed his illness as chronic PTSD.
4. 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 rating at Temporary Disability Retired List (TDRL) entry.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military Integrated Disability Evaluation System (IDES). The evidence of the available records show a diagnosis of anxiety disorder not otherwise specified (NOS) and Post-Traumatic Stress Disorder (PTSD) was rendered. The SRP determined that an MH diagnoses was changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder NOS was supported by the evidence; there was insufficient documented evidence to support a diagnosis of PTSD prior to the applicant's TDRL entry. The record in evidence did not clearly demonstrate that Criterion B was satisfied and, therefore, the full Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition Text Revision (DSM-IV TR) diagnostic criteria for PTSD were not met. The applicant appeared to have met the DSM-IV TR diagnostic criteria for anxiety disorder NOS; therefore, the diagnosis of anxiety disorder NOS was the appropriate diagnosis and application of the provisions of VASRD section 4.129 was correct.
4. The SRP also considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent. At the time leading up to TDRL placement, there was no evidence in the applicant's record of recurrent suicidal behaviors, no recorded visits to the emergency room for MH treatment, no psychiatric hospitalizations, and no impairment in thinking or judgment. The SRP agreed the record in evidence did not support a higher than 50 percent rating at TDRL entry and there was insufficient evidence for recommending a 70 percent TDRL entry rating.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP that there was insufficient cause to recommend a change in the PEB adjudication of the applicants mental health condition at the time of TDRL entry.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015409
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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