Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130019232
Original file (20130019232.txt) Auto-classification: Denied

		IN THE CASE OF:	 

		BOARD DATE:	  20 November 2013

		DOCKET NUMBER:  AR20130019232 


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 her disability and retirement determination.

2.  The SRP first addressed the question of diagnosis, noting the diagnostic variance between the service findings of Post Traumatic Stress Disorder (PTSD) and the Department of Veterans Affairs Compensation and Pension exam diagnoses of depressive disorder and PTSD.  However, the SRP agreed there were no inappropriate changes in diagnoses since PTSD is a more serious condition than depressive disorder, and there is significant overlap of symptoms in the two conditions.

3.  The SRP determined that mental health diagnoses were not changed to the applicant’s possible disadvantage in the disability evaluation.  Therefore, this case did not appear to meet the criteria for the Terms of Reference.

4.  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.

5.  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)                                  AR20130019232



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130015983

    Original file (20130015983.txt) Auto-classification: Denied

    The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during...

  • ARMY | BCMR | CY2013 | 20130019225

    Original file (20130019225.txt) Auto-classification: Approved

    The applicant requests a review of the military disability evaluation pertaining to a mental health condition. After a comprehensive review of the applicant’s case, the SRP recommended his unfitting condition diagnosis be changed to Post-traumatic Stress Disorder (PTSD), and his prior separation be modified to reflect he was placed on the Temporary Disability Retired List (TDRL) at 50% for PTSD (plus 10% for the back condition) for the duration of his TDRL period and then a permanent PTSD...

  • ARMY | BCMR | CY2013 | 20130019745

    Original file (20130019745.txt) Auto-classification: Approved

    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 record in evidence suggested the applicant was not placed on the TDRL and was given a permanent rating of 30 percent.

  • ARMY | BCMR | CY2013 | 20130019782

    Original file (20130019782.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 SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the Disability Evaluation System. The SRP agreed there was not a preponderance of evidence to support a PTSD diagnosis and the...

  • ARMY | BCMR | CY2013 | 20130019226

    Original file (20130019226.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 reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the Disability...

  • ARMY | BCMR | CY2014 | 20140000289

    Original file (20140000289.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 applicant's disability and retirement determination.

  • ARMY | BCMR | CY2013 | 20130020955

    Original file (20130020955.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 discussed the Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD) conditions and symptoms at the end of the TDRL period.

  • ARMY | BCMR | CY2015 | 20150013363

    Original file (20150013363.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of any MH condition during processing through the Disability Evaluation System (DES). The SRP noted the Medical Evaluation Board (MEB) Part II exam rendered a diagnosis of PTSD not meeting retention standards but was completed by a non-MH provider.

  • ARMY | BCMR | CY2014 | 20140001859

    Original file (20140001859.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 determined that since the Physical Evaluation Board (PEB) placed the applicant on the TDRL with a rating greater than 50 percent, the provisions of...

  • ARMY | BCMR | CY2013 | 20130021019

    Original file (20130021019.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 a MH condition during processing through the military disability system. The SRP considered the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation...