IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20150001277
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 recommends that there be no change of the applicants disability and Temporary Disability Retired List (TDRL) entry determination, but consideration of adding Medical Evaluation Board (MEB) diagnosis #2 (Anxiety Disorder, not otherwise specified (NOS)) as not unfitting to the Physical Evaluation Board (PEB) determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; PEB fitness determination; and if unfitting, whether the provisions of 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 is applicable. The MH diagnoses varied from the psychiatric consult and narrative summary (NARSUM) diagnosis to the MEB diagnoses. The NARSUM diagnosis of Adjustment disorder with anxiety is a single Axis I diagnosis which is not a physical disability. However, the MEB diagnoses of Adjustment Disorder, NOS with Anxiety Disorder, NOS indicated two separate Axis I diagnoses; and if unfitting, anxiety disorder NOS is a DoD compensable condition.
3. The SRP noted the PEB did not specifically name a MH condition but referenced the MEB diagnosis #2 as non-compensable. However, that determination would only be applicable to the adjustment disorder, NOS portion of the MEB diagnoses. It did not appear that the PEB considered the MEB diagnosis of anxiety disorder, NOS. It is therefore considered possible that the diagnosis of anxiety disorder was eliminated during the Disability Evaluation System process. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP further noted that although the record did not fully support the diagnosis of anxiety disorder at the time of TDRL placement, it was considered a diagnosis of record and the SRP concentrated on if the MEBs MH conditions, or any MH condition, would have risen to the level of being unfitting for continued military service at the time of TDRL entry.
5. The SRPs threshold for countering PEB not-unfit determinations, or adding a MH condition as unfitting, requires a preponderance of evidence. The psychiatric evaluation and the NARSUM and S-1 profile indicated the applicant met retention standards and did not elaborate MH signs or symptoms that would limit duty performance. The commanders statement was silent on MH-specific duty impairment.
6. The SRP next considered the best course of action to correct the MEB to PEB MH diagnoses apparent mismatch. It is recommended that the PEB be administratively corrected to separate the two portions of the MEB diagnosis #2 as MEB diagnosis #2 (Anxiety Disorder, NOS) not unfitting and MEB diagnosis #2 (Adjustment Disorder, NOS) is not compensable.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend any MH condition as unfitting and, therefore, no MH disability ratings can be recommended.
8. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ __x_____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicants record and adding MEB diagnosis #2 (Anxiety Disorder, NOS) as not unfitting to the PEB determination.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to the applicants disability and TDRL entry determination
_______ _ 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) AR20150001277
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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