IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001536
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 applicants 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 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 should be no change to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the applicants MH diagnoses, Physical Evaluation Board (PEB) fitness determination, and if unfitting, whether the provisions of 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.
3. The SRP determined if any change in diagnosis occurred during the Disability Evaluation System (DES) process. The SRP noted there was a change in the applicants diagnosis which was a possible disadvantage.
4. The SRP unanimously agreed that the applicants record did not support the criteria of Diagnostic and Statistical Manual of Mental Disorders Fourth Edition (DSM IV) for the diagnosis of Post Traumatic Stress Disorder (PTSD). The SRP noted the applicant was entered into the Temporary Disability Retired List (TDRL) at 70 percent and his record reviewed for a higher rating. The SRP agreed that the MH condition, bipolar disorder, was unfitting.
5. The SRP determined if any additional MH condition was unfitting. The SRP considered that no other MH condition was specifically profiled, nor contained in the commander's statement, nor judged to fail retention standards. There was no indication from the applicants record that any other MH condition significantly interfered with his satisfactory duty performance.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support an unfit determination for any other MH disorder at the time of evaluation in the DES or prior to the applicant's separation. Therefore, no additional ratings can be recommended.
7. 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) AR20140001536
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150014152
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 MH condition during processing through the disability evaluation system (DES). The higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas....
ARMY | BCMR | CY2014 | 20140006948
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 the available evidence of record shows a diagnosis of adjustment disorder was rendered by a Service psychiatrist on 16 March 2011, but there is...
ARMY | BCMR | CY2015 | 20150006052
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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation...
ARMY | BCMR | CY2014 | 20140010919
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 also determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. The evidence did not support a change in the diagnosis.
ARMY | BCMR | CY2014 | 20140009137
The SRP recommends no change in the applicants unfitting condition diagnosis, and that the applicants prior separation be modified to reflect that the applicant was placed on the Temporary Disability Retired List (TDRL) at 50 percent for a period of 6 months in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 and then permanently separated by reason of physical disability with a final 80 percent rating. The SRP considered the...
ARMY | BCMR | CY2014 | 20140016185
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 of the applicant's Temporary Disability Retired List (TDRL) entry disability determination. The SRP reviewed the records for evidence of inappropriate...
ARMY | BCMR | CY2015 | 20150015662
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 MH condition during processing through the Disability Evaluation System (DES). The SRP considered whether the provisions of VASRD section 4.129 were applicable for the unfitting MH condition.
ARMY | BCMR | CY2014 | 20140011252
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 by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140011252
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 by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140014485
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). After due deliberation in consideration of the preponderance of the evidence, the SRP...