BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140018847
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 of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses;
physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. Adjustment disorder was referred into the Disability Evaluation System (DES) and remained unchanged; however, the medical evaluation board (MEB) examination DD Form 2808 listed anxiety as the diagnosis. Therefore, the applicants case met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the general medical MEB narrative summary (NARSUM) listed anxiety disorder as a past history diagnosis and the DD Form 2808 listed anxiety; the psychiatry MEB addendum did not render a diagnosis of anxiety disorder and made no recommendation for referral of this diagnosis into the DES. MH examinations since June 2009 also consistently diagnosed adjustment disorder. The SRP did not find evidence prior to separation that would indicate a different diagnosis. The SRP concluded there was no inappropriate change or elimination of any MH diagnosis during DES processing. The SRP then considered whether the MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRPs threshold for countering DES non-disqualifying or not-unfit determinations required a preponderance of evidence. The SRP noted an increase in symptoms during the summer months of 2009 in the setting of occupational stressors and uncertainty of MEB for his physical problems. However, the symptoms decreased and at the time of the MEB psychiatry addendum the symptoms were mild and were indicated to not interfere with work. The SRP also considered the commanders comments indicating some occasional difficulties.
4. The SRP also noted the VA Compensation and Pension examination 2 months after separation upon which the VA based its 70 percent rating; however, the service treatment records and the initial post-separation VA clinic encounter did not corroborate the severity of symptoms as recorded.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the mental condition was not unfitting at the time of separation.
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) AR20140018847
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