IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130021799
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 of the applicants disability and separation determination.
2. The SRP determined that no mental health (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 MH Review Project.
3. The SRP noted that the final physical evaluation board (PEB) did not specify post-traumatic stress disorder (PTSD) but indicated she was diagnosed with a mental disorder due to a highly stressful event which was not restricted to PTSD.
4. The PEB and Department of Veterans Affairs (VA) both applied a 10-percent rating to the applicant's MH disability. At the time of separation, the applicant was taking medications which decreased her symptoms.
5. The SRP also concluded the rating criteria for the next higher 30% level required occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, which was not evident in the record presented for review.
6. After due deliberation in consideration of the preponderance of evidence, the SRP concluded there was insufficient evidence to support a conclusion that a highly-stressful event severe enough to bring about the applicants release from active military service occurred.
7. 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) AR20130021799
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009113
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP agreed that the evidence in the record did not support a diagnosis of PTSD. After due deliberation in consideration of the evidence in the record, the SRP agreed that the evidence in the record best supported a disability rating lower than 50 percent.
ARMY | BCMR | CY2014 | 20140013436
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 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...
ARMY | BCMR | CY2014 | 20140013565
After a comprehensive review of the FSMs s case, the SRP determined by unanimous vote that there should be no change of the FSMs disability determination for the MH condition at the time of the physical evaluation board (PEB) adjudication in anticipation of Temporary Disability Retired List (TDRL) placement. The SRP agreed that the MH condition was stable and that VASRD Section 4.129 (mental disorders due to traumatic stress) was not applicable for this condition alone, since the FSM...
ARMY | BCMR | CY2014 | 20140001273
The applicant requests a review of the military disability evaluation pertaining to a mental health condition. The SRP adjudged that there was not a preponderance of the evidence to support a change of diagnosis to PTSD at TDRL entry. As a result, the Board recommends denial of the application that pertains to any change in the applicant's MH diagnoses and change in the applicant's MH permanent disability rating.
ARMY | BCMR | CY2014 | 20140014500
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 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...
ARMY | BCMR | CY2014 | 20140015997
The SRP next considered if the anxiety disorder, NOS was a diminution of a PTSD diagnosis and whether a preponderance of the evidence in record supported a recommendation for a change in the diagnosis of the MH condition. The SRP, having agreed that the MH condition was service ratable, next considered whether application of VASRD Section 4.129 was appropriate in this case. The SRP majority thereby recommended a 6-month period of constructive TDRL with a minimal rating of 50 percent for...
ARMY | BCMR | CY2014 | 20140010688
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 considered the appropriateness of changes in MH diagnoses; the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were...
ARMY | BCMR | CY2013 | 20130021916
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. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that the applicant's unfitting mental health (MH) condition diagnosis be changed to Post Traumatic Stress Disorder (PTSD), coded 9411. The SRP determined that the...
ARMY | BCMR | CY2014 | 20140001339
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. The SRP considered the appropriateness of changes in the MH diagnoses, 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...
ARMY | BCMR | CY2014 | 20140000940
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The applicant elaborated on a highly stressful incident (she witnessed the death of her boyfriend) that occurred while she was deployed to Iraq. The evidence in the DES record showed a diagnosis of depression.