Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140000239
Original file (20140000239.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	    19 February 2014

		DOCKET NUMBER:  AR20140000239 


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 (MH) 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 MH diagnosis was changed during that process.

3.  The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH 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 an MH condition during processing through the military disability system.

2.  The DOD memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of MH diagnoses for service members completing a disability evaluation process between 11 September 2001 and 30 April 2012 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 should be no change of the applicant's disability and separation determination.

2.  The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (DES) Pilot Program.

3.  The SRP first addressed the question of diagnosis, noting the diagnostic variance between the findings of not unfitting anxiety and the Department of Veterans Affairs (VA) Compensation and Pension (C&P) exam diagnosis of post-traumatic stress disorder (PTSD).  The SRP reviewed the Memorandum of Diagnostic Variance.  The narrative summary referenced the service treatment records (STR) supporting the diagnosis of anxiety and noted the VA examiner "did not review the complete medical records" and, therefore, utilized an "erroneous history" in concluding an "inaccurate diagnosis."

4.  The SRP noted a statement in the VA Rating Decision of 25 September 2012 indicating the applicant's service treatment records do not contain evidence of behavioral health treatment.  Further, the SRP noted the applicant did not receive behavioral health treatment at the time of his DES/VA examination and this was consistent with what was shown at the time of his medical evaluation board (MEB).

5.  The applicant's behavioral health records at the present time were limited to neuropsychiatric testing and the findings of the narrative summary of the service treatment records provided by the MEB.

6.  The SRP agreed by a 2 to 1 vote that the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.  After review of the STR, the SRP found no evidence of military stressors beyond those normally expected for any Soldier in a combat zone.

7.  The SRP unanimously agreed that the Axis I diagnosis did not meet the criteria of PTSD according to the Diagnostic and Statistical Manual of Mental Disorders (DSM), Fourth Edition.  The SRP also agreed that the preponderance of evidence by multiple MH providers who provided continuity care to the applicant supported a diagnosis of anxiety disorder.

8.  The SRP next considered whether the mental condition diagnosed by the VA and the MEB psychiatry evaluation, regardless of specific diagnosis, was not unfitting for continued military service.  The SRP discussed the commander's statement that referenced the applicant seeking behavioral health for anger, memory, and concentration issues.

9.  The SRP agreed that the evidence of record reflected minimal MH symptoms responding to treatment and no emergency room or unscheduled clinic visits or psychiatric hospitalizations for any MH condition.

10.  The SRP concluded that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the DES or prior to separation.

11.  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 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)                                  AR20140000239



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140014487

    Original file (20140014487.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 noted the applicant's MH condition was determined to be not unfitting by the PEB. Based on the post-separation VA evidence and the STR, the SRP was unable to conclude that there was either sufficient evidence to change the Service MH diagnosis or a preponderance of...

  • ARMY | BCMR | CY2015 | 20150000346

    Original file (20150000346.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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Integrated Disability...

  • ARMY | BCMR | CY2014 | 20140018417

    Original file (20140018417.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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition. 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...

  • ARMY | BCMR | CY2014 | 20140021506

    Original file (20140021506.txt) Auto-classification: Denied

    At the time of processing through the DES, the diagnosis of PTSD was not considered by the physical evaluation board (PEB); the SRP determined that the PTSD condition was eliminated to the applicant’s possible disadvantage during that process. The SRP noted the applicant’s recorded symptoms at the Department of Veterans Affairs (VA) examination in November 2010 were significantly more than the reported symptoms in the treatment records and at the medical evaluation board (MEB) psychiatric...

  • ARMY | BCMR | CY2014 | 20140007666

    Original file (20140007666.txt) Auto-classification: Denied

    The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The core issue in this case was the identification of the correct MH diagnosis that determined if the MH condition was considered a disability; followed by a fitness determination. The SRP discovered that the preponderance of evidence most accurately depicted the applicant's MH diagnosis as anxiety disorder not otherwise...

  • ARMY | BCMR | CY2015 | 20150012225

    Original file (20150012225.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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.

  • ARMY | BCMR | CY2014 | 20140014506

    Original file (20140014506.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 a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Therefore, the diagnosis of depression and anxiety due to general medical condition was the most appropriate diagnosis at the time of medical retirement.

  • ARMY | BCMR | CY2014 | 20140001539

    Original file (20140001539.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 found that the referred diagnosis of anxiety disorder was forwarded by the Medical Evaluation Board (MEB) and determined by the Physical Evaluation Board (PEB) to be not unfitting. After due deliberation in consideration of the preponderance of the evidence, the...

  • ARMY | BCMR | CY2014 | 20140008922

    Original file (20140008922.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 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 | 20140014546

    Original file (20140014546.txt) Auto-classification: Denied

    The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). However, the PTSD diagnosis was not considered by the physical evaluation board (PEB) and, therefore, an MH diagnosis was eliminated to the applicant’s possible disadvantage during that process. The SRP noted the VA examination recorded the applicant’s report of symptoms that were inconsistent with the treatment record.