IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130020195
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 applicants 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 applicants case, the SRP determined by unanimous vote that there be no change to his disability rating at entrance or exit from Temporary Disability Retired List (TDRL) due to his mental health condition.
2. The SRP reviewed the records of evidence and agreed there was insufficient evidence to support that a highly stressful event severe enough to bring about the Veteran's release from active military service did occur.
3. The SRP considered the most appropriate disability rating at entrance and exit from TDRL for its rating recommendations.
4. At entrance into TDRL status, the applicant did have active symptoms of his anxiety disorder and there was evidence for social impairment due to his anxiety.
SRP members agree that the Physical Evaluation Board's (PEB) 10 percent rating at TDRL entrance was supported by the evidence present for review.
5. The SRP agreed the applicant's symptoms were closer to the 10 percent criteria and recommended no change to his disability at entrance into TDRL status or his separation determination.
6. 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020195
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010723
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. The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP). The SRP reviewed the file for...
ARMY | BCMR | CY2014 | 20140015809
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP acknowledged the Compensation and Pension (C&P) examiners assessment and diagnosis of PTSD; however, there was insufficient clinical evidence to support that the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, (DSM-IV) diagnostic criteria were met since there was no clear evidence in...
ARMY | BCMR | CY2014 | 20140009052
The PDBR SRP conducted a comprehensive review of the applicants 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 applicants case, the SRP recommended by unanimous vote that the applicants unfitting MH diagnosis be changed from anxiety to Post-Traumatic Stress Disorder (PTSD) at the time of placement on the Temporary Disability Retired List (TDRL)...
ARMY | BCMR | CY2014 | 20140002068
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. After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that the applicant's prior determination should be modified to reflect a permanent rating of 50 percent rather than 30 percent upon removal from the Temporary Disability Retired List...
ARMY | BCMR | CY2014 | 20140014415
The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The SRP noted that the available records show no changes to an MH diagnosis to the applicant's possible disadvantage during the DES process. The SRP agreed with the Physical Evaluation Board (PEB) determination that symptoms of depression and anxiety were present.
ARMY | BCMR | CY2014 | 20140015303
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. At the time of permanent disability disposition and removal from the TDRL, the PEB rated the PTSD at 30 percent. Personality disorder was not noted to be a consistent diagnosis in prior or subsequent exams and the SRP discussed any potential decrease in PTSD rating under...
ARMY | BCMR | CY2014 | 20140011598
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP agreed that the PEB adjudication of unfitting PTSD was supported by the evidence, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was...
ARMY | BCMR | CY2014 | 20140007640
The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130. The PEB adjudicated the applicant for the diagnosis of MDD with associated anxiety requiring medication at the Temporary Disability retired...
ARMY | BCMR | CY2014 | 20140015771
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The applicant was not diagnosed with PTSD prior to TDRL entry, did not meet criteria for PTSD at TDRL exit, and the TDRL examiner noted his VA treating psychiatrist recorded MDD in partial remission as the only diagnosis. After due deliberation in consideration...
ARMY | BCMR | CY2013 | 20130019225
The applicant requests a review of the military disability evaluation pertaining to a mental health condition. After a comprehensive review of the applicants 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...