IN THE CASE OF:
BOARD DATE: 23 April 2014
DOCKET NUMBER: AR20140004964
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 Department of Defense (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 DOD 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 should be no change of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in the applicant's mental health 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 applicable, and a disability rating recommendation in accordance with VASRD Section 4.130. The SRP determined that no mental health diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
3. The applicant's mental health condition was determined not to be unfitting. The applicant's mental health condition was not profiled or implicated in the commander's statement and was not judged to fail retention standards by the treating psychiatrist or the medical evaluation board.
4. The SRP noted that at the time of placement on the Temporary Disability Retired List (TDRL) the applicant reported improved mood and sleep on medications with normal mental status examination. The SRP also considered the apparently differing opinions of the rheumatologist and the psychiatrist regarding whether the depression condition was medically disqualifying. The SRP agreed that the treating psychiatrist's opinion had the greater probative value and that the applicant's mental health condition was medically acceptable. There was no indication from the available records that the mental health condition significantly interfered with the applicants satisfactory duty performance. The SRP clarified that, in cases involving a period of TDRL, it must adhere to the military standard that only those conditions which were present and unfitting at the time of temporary retirement may be considered for service rating; regardless of their status at the time of permanent separation.
5. 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 applicant's PEB fitness determination for the mental health condition and no disability ratings were 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) AR20140004964
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000297
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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicants disability and retirement determination. The SRP considered the PEBs adjudication at the time of removal from the TDRL...
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 | 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 | 20130021800
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 diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows a diagnosis of Post-Traumatic Stress Disorder (PTSD)...
ARMY | BCMR | CY2014 | 20140014925
The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP). 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 due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a...
ARMY | BCMR | CY2014 | 20140006646
There was not a preponderance of evidence in support for all of the DSM IV-TR criteria, and the medical evaluation board (MEB) psychiatrist's diagnosis of anxiety disorder, NOS was the only MH diagnosis underpinned by a comprehensive evaluation and sufficiently probative evidence. The analysis by the end-TDRL psychiatrist establishing a progression from anxiety disorder, NOS to PTSD is a reasonable assumption, and was accepted as the conclusion of the SRP majority. The SRP next addressed...
ARMY | BCMR | CY2013 | 20130004980
The applicant requests a review of the military disability evaluation of his mental health condition. The PDBR SRP conducted a comprehensive review of the applicant's records for evidence of inappropriate changes in the diagnosis of his mental health condition during processing through the military disability system. The SRP recommended there be no change of the applicant's disability/permanent disability retirement determination.
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 | 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 | 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...