IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130021769
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 the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the mental health (MH) condition, which may have been to the applicant's disadvantage during processing through the joint Integrated Disability Evaluation System (IDES). The evidence of the available records shows that the diagnosis of adjustment disorder with disturbance of emotions was not consistently applied throughout the joint IDES. A diagnostic change was made by the Department of Veterans Affairs (VA) examiner who diagnosed the applicant with Post-Traumatic Stress Disorder (PTSD), while the Physical Evaluation Board (PEB) determined that the applicant's condition remained adjustment disorder as stated by the Medical Evaluation Board (MEB) and as confirmed by a diagnostic variance entry.
3. The SRP notes that the PEB's adjudication of the adjustment disorder was "found to be not compensable, as it is not deemed to constitute a physical disability.
4. The SRP concluded there was no indication from the record that the MH condition significantly interfered with the applicant's satisfactory duty performance.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously concluded that there was insufficient cause to recommend a determination of unfitness for any contended MH condition; and, therefore, no additional disability rating can be recommended.
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) AR20130021769
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000289
Application for correction of military records (with supporting documents provided, if any). 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 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 | CY2014 | 20140008922
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 SRP reviewed the records for evidence of inappropriate changes in or elimination of a diagnosis of an MH condition during processing through the Disability Evaluation System (DES). The PEB adjudicated both MH conditions as "conditions not constituting a...
ARMY | BCMR | CY2014 | 20140009050
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 the MH condition during processing through the military disability evaluation system (DES). The SRP concluded the diagnosis of adjustment disorder at the time of the MEB and PEB was correct.
ARMY | BCMR | CY2014 | 20140010886
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. 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. The SRP also reviewed the PEB fitness determination and other evidence in the record; the...
ARMY | BCMR | CY2014 | 20140006636
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 that during the medical evaluation board (MEB) examination, the applicant denied any change in his MH status since his VA C&P examination.
ARMY | BCMR | CY2014 | 20140015741
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. 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. The SRP later considered if the diagnosis was appropriate.
ARMY | BCMR | CY2013 | 20130020841
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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES).
ARMY | BCMR | CY2015 | 20150006412
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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). However, even conceding the issue of whether the condition constituted a physical disability,...
ARMY | BCMR | CY2014 | 20140013806
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 MEB forwarded the applicant's MH diagnoses of adjustment disorder with anxiety and depressed mood to the PEB for adjudication. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process.
ARMY | BCMR | CY2014 | 20140013531
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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The SRP acknowledged the GAD diagnosis, but there was insufficient evidence for the...