IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20150008679
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 also states that she was diagnosed with post-traumatic stress disorder (PTSD); however, she did not receive compensation for extreme anxiety, insomnia, or depressive disorder.
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 disability evaluation processing 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 processing.
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 diagnosis of the MH condition during processing through the Disability Evaluation System. The evidence showed the diagnoses of anxiety disorder not otherwise specified (NOS) and generalized anxiety disorder (GAD) were rendered. The SRP determined that the MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. The SRP reviewed the records for evidence of GAD and noted GAD was recorded in the DD Form 2808 (Report of Medical Evaluation) without reference to symptoms or criteria. The conditions are similar in presentation and are generally responsive to the same treatment interventions. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP acknowledged the Department of Veterans Affairs (VA) examiners assessment of PTSD; however, the SRP concluded there was insufficient evidence to support a PTSD diagnosis. The SRP concluded there was insufficient evidence that criterion A or C was met for PTSD, and the condition of anxiety disorder NOS was the appropriate diagnosis. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder NOS was supported by the evidence 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) placement.
4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent. The SRP agreed the record in evidence did not support a higher than 50 percent rating at TDRL placement and there was insufficient evidence for recommending a 70 percent TDRL placement rating. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant had not received treatment during the TDRL period.
5. The SRP agreed that at the time of TDRL removal there was no evidence of social or occupational impairment, and no evidence that any MH condition rose to the level of being unfitting. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions at TDRL placement or removal.
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) AR20150008679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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