IN THE CASE OF:
BOARD DATE: 10 December 2014
DOCKET NUMBER: AR20140019104
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 retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Disability Evaluation System. The evidence of the available records shows the diagnoses of undifferentiated somatoform disorder (USD), depression, and cognitive disorder were rendered. Depression and cognitive disorder were not listed on the Medical Evaluation Board; however, they were recorded on the DD Form 2808 (Report of Medical Examination). Therefore, the SRP determined that the MH diagnoses were eliminated to the applicants possible disadvantage in the disability evaluation.
3. The SRP acknowledged the applicant had received a diagnosis of depression and anxiety; however, it found insufficient evidence to support a depression diagnosis. The diagnosis of USD is an anxiety disorder and, therefore, an additional diagnosis of anxiety disorder is subsumed under the somatoform disorder. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed that Physical Evaluation Board (PEB) adjudication of the unfitting USD was supported by the evidence. The applicant appeared to have met the Diagnostic and Statistical Manual for Mental Disorders (DSM-IV) TR diagnostic criteria for USD; therefore, the diagnosis of USD was the appropriate diagnosis and application of the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 was correct at Temporary Disability Retired List (TDRL) entry.
5. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent. The SRP agreed the evidence did not support a higher than 50 percent rating at TDRL entry and there was insufficient reasonable doubt for recommending a 70 percent TDRL entry rating. The SRP agreed at the time of permanent separation, the record adequately demonstrated the applicant met the diagnostic criteria for anxiety disorder not otherwise specified (NOS).
6. The SRP Board acknowledged the VA compensation and pension examiners assessment of Post-Traumatic Stress Disorder (PTSD); however, there was insufficient evidence to support that the applicant met the DSM-IV diagnostic criteria for PTSD at TDRL entry or at permanent separation. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants separation rating of 10 percent for the MH condition of anxiety disorder NOS.
7. 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) AR20140019104
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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