IN THE CASE OF:
BOARD DATE: 21 May 2014
DOCKET NUMBER: AR20140006665
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 a 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 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 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 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 was made.
3. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Disability Evaluation System (DES) and found that an MH condition was eliminated during the process. Notes in the service treatment records indicated that the applicant was given an MH diagnosis of adjustment disorder with depressed mood.
4. The SRP noted that the clinical psychologist's evaluation during active duty indicated that although the applicant had some Post-Traumatic Stress Disorder (PTSD) symptoms, the applicant did not meet full criteria for a diagnosis of PTSD. The SRP agreed a diagnosis of PTSD was not supported. However, the SRP considered that the applicant was in treatment for an MH condition listed on the DD Form 2808 (Report of Medical Examination), but the PEB did not adjudicate any MH condition. Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project, with possible disadvantage to the applicant.
5. The SRP next considered whether any MH condition diagnosed by the Service and the VA was unfitting for continued military service. 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.
6. 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 PEB adjudication for the applicant's MH conditions.
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) AR20140006665
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015780
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system.
ARMY | BCMR | CY2014 | 20140014269
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. Its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (either PTSD or anxiety disorder) was unfairly eliminated during DES proceedings. The SRP next considered whether there was preponderance of performance-based evidence...
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 | 20140007560
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 or elimination of diagnosis of the MH condition during processing through the Disability Evaluation System (DES) and found none. The SRP noted that the Veterans Affairs compensation and pension examiner...
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 | 20140010921
The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 mental health condition during processing through the military disability system. The SRP later considered whether the evidence in the records available supported that any MH condition, regardless of...
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 | 20140010684
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 directed attention to its recommendation and first assessment with regard to the MH conditions, under MH Review Project guidelines, to judge (based on a preponderance of evidence) whether a diagnosis of PTSD was changed or unfairly eliminated during Disability...
ARMY | BCMR | CY2014 | 20140003255
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 in the applicant's unfitting condition diagnosis and the applicant's prior separation should be modified to reflect a rating of 50 percent for...
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....