Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130019229
Original file (20130019229.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  20 November 2013

		DOCKET NUMBER:  AR20130019229 


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 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 mental health diagnosis was changed during that process.

3.  The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health 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 mental health 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 applicant’s case, the SRP determined by unanimous vote that there be no change to his disability and retirement determination.

2.  The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV including: the evidence for the stressor (criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyper-arousal (criterion D), duration and onset (criterion E), presence of clinically significant distress or impairment in social, occupational or other important area of functioning (criterion F).

3.  Additionally, the SRP noted that the applicant was specifically evaluated by psychiatrists in the military and the Department of Veterans Affairs (VA).  Both prior to and after entry on to the Temporary Disability Retired List, it was determined the applicant did not have PTSD.

4.  The SRP also reviewed the records in evidence and determined that the preponderance of evidence does not support a finding of an unfitting mental health (MH) condition, regardless of description, at the time of TDRL entry.  The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process.  Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project. 

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 Physical Evaluation Board adjudication for the applicant’s PTSD condition.

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 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                  AR20130019229



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140001346

    Original file (20140001346.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP noted the applicant's MH diagnosis was changed from PTSD to anxiety disorder because there was no verified DSM-IV PTSD criterion A stressor.

  • ARMY | BCMR | CY2014 | 20140010915

    Original file (20140010915.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 30 July 2014 DOCKET NUMBER: AR20140010915 THE BOARD CONSIDERED THE FOLLOWING 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 a MH condition during processing through the military disability system. The SRP determined that the MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process.

  • ARMY | BCMR | CY2013 | 20130021801

    Original file (20130021801.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health condition. The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The SRP considered if there was a change in the MH diagnosis during the disability evaluation system (DES) process which adversely affected the applicant.

  • ARMY | BCMR | CY2014 | 20140000246

    Original file (20140000246.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The PEB determined the MH condition should not to be unfitting. After significant deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for...

  • ARMY | BCMR | CY2014 | 20140014269

    Original file (20140014269.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. Its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (either PTSD or anxiety disorder) was unfairly eliminated during DES proceedings. The SRP next considered whether there was preponderance of performance-based evidence...

  • ARMY | BCMR | CY2015 | 20150003715

    Original file (20150003715.txt) Auto-classification: Denied

    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. The SRP undertook a careful review of the record in evidence to determine if the preponderance of evidence supported a diagnosis of PTSD. The SRP reviewed the therapist records that recorded the diagnosis of PTSD; however, the documented symptoms were not sufficient enough...

  • ARMY | BCMR | CY2014 | 20140011593

    Original file (20140011593.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination; whether the provisions of...

  • ARMY | BCMR | CY2014 | 20140004230

    Original file (20140004230.txt) Auto-classification: Approved

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicant’s case, the SRP determined by unanimous vote that there should be no change to the physical evaluation board (PEB)’s determination that an adjustment disorder was the correct diagnosis and that it was not compensable; and...

  • ARMY | BCMR | CY2014 | 20140010712

    Original file (20140010712.txt) Auto-classification: Denied

    The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP). 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. In the service treatment record notes and at the VA C&P MH exam the applicant reported his main stressor during deployment was separation from...

  • ARMY | BCMR | CY2014 | 20140013478

    Original file (20140013478.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP directed attention to its recommendations based on the above evidence and, its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (in this case anxiety and/or depression) was unfairly eliminated during the Integrated...