BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140018733
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 separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES). The evidence of the available records showed the diagnosis of anxiety disorder, not otherwise specified (NOS) and adjustment disorders were rendered during processing through the IDES. The SRP noted the diagnosis of anxiety disorder, NOS was not recorded in the Medical Evaluation Board and not adjudicated by the Physical Evaluation Board (PEB). Therefore, the SRP concluded an MH diagnosis had not been changed to the applicants possible disadvantage during the IDES process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed the preponderance of evidence at the time of separation did not support an anxiety disorder, NOS diagnosis. The Diagnostic and Statistical Manual for Mental Disorders (DSM-IV) defines an adjustment disorder as the development of emotional or behavioral symptoms in response to an identifiable stressor(s) occurring within 3 months of the onset of the stressor. The record clearly demonstrated the presence of an identifiable stressor and the multiple reported symptoms in response to that stressor. Although the applicant endorsed more symptoms at the Department of Veterans Affairs than recorded in the military record, the recorded symptoms were noted to be secondary to the stressor noted above and available treatment records were consistent with an adjustment disorder diagnosis.
4. The SRP concluded the diagnosis of adjustment disorder with disturbance of emotions and conduct was the appropriate diagnosis at the time of separation. The SRP also considered whether any MH condition, regardless of specific diagnosis, was unfitting for continued military service. The adjustment disorder was not a physical disability and was not ratable. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to service disability rating.
5. 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) AR20140018733
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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