IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150010710
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 changes in diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records shows the Medical Evaluation Board diagnosis of anxiety disorder and Department of Veterans Affairs (VA) diagnoses of post-traumatic stress disorder (PTSD) and cognitive impairment not otherwise specified were rendered during the IDES process. Since the diagnosis of anxiety disorder was not changed and the VA diagnoses of PTSD and cognitive impairment were formally considered, the SRP concluded that the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Panel.
3. The SRP reviewed the diagnoses of PTSD and cognitive disorder and agreed with the determination by the diagnostic variance examiners that the records in evidence did not support these diagnoses. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder was supported by the evidence. The SRP noted that the PEB assigned a disability rating of 50 percent and assigned it without application of VA Schedule for Rating Disabilities (VASRD) section 4.129.
4. The SRP next considered the VASRD section 4.130 rating to determine if the evidence supports a higher MH rating than 50 percent at the time of separation. The higher 70 percent rating requires "occupational and social impairment, with deficiencies in most areas." There was no evidence in the record of recurrent suicidal behaviors, no visits to the emergency room for MH treatment, and no recurrent psychiatric hospitalizations.
5. 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 of the applicants MH condition at the time of separation.
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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ABCMR Record of Proceedings (cont) AR20150010710
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