IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150013425
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 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH 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 MH 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 be no change in the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the condition during processing through the Integrated Disability Evaluation System (IDES). The evidence from the available records show the Department of Veterans Affairs (VA) diagnosis of anxiety disorder not otherwise specified (NOS) was rendered during the IDES process. The SRP agreed there were no inappropriate changes in diagnosis and therefore determined that a diagnosis was not changed to the applicants possible disadvantage in the disability evaluation. Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the Diagnosis Review Project. The SRP concluded that the preponderance of evidence did not support a diagnosis of post-traumatic stress disorder (PTSD) at the time of separation as there was no evidence of PTSD prior to his separation.
3. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of not unfitting anxiety disorder NOS was supported by the evidence. The applicant was never hospitalized psychiatrically, never reported suicidal or homicidal thoughts, was never seen in the emergency room for MH concerns, and there were no reported issues of domestic violence. There was no clinical evidence that the condition caused significant impairment in social or occupational functioning. The commander statements indicated there were no duty limitations or performance issues related to the applicants anxiety diagnosis. He performed normally with the exception of his physical limitations. Additionally, no condition was ever profiled.
4. After due deliberation in consideration of the preponderance of the evidence,
the SRP concluded that there was insufficient evidence that any condition rose to the level of being unfitting at the time of separation and none were subject to service disability rating.
5. 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) AR20150013425
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