Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140006949
Original file (20140006949.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	  28 May 2014

		DOCKET NUMBER:  AR20140006949 


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 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; 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 considered that the applicant had been diagnosed with and was being treated for post-traumatic stress disorder (PTSD) beginning at the time of entry into the Disability Evaluation System and that diagnosis continued to be recorded throughout the applicant's processing through the medical evaluation board (MEB) and PEB.  The SRP concluded the diagnosis had not been changed.  Therefore, the applicant did not appear to meet the inclusion criteria of the MH review project terms of reference.

4.  The SRP then turned to a consideration of fitness and noted that the MEB at first had determined the PTSD condition did not meet medical retention standards based on the examination documented in the psychiatric addendum to the narrative summary.  However, after subsequent review of the commander's performance statement, the MEB reversed that decision.

5.  The SRP noted there had been no indication of an MH condition negatively impacting performance reflected in either the commander's statement or the applicant's officer evaluation reports.  The SRP concluded that there was not a preponderance of evidence to support a change from the PEB's finding that the MH condition was not unfitting.

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)                                  AR20140006949



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140011248

    Original file (20140011248.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 also considered if the diagnosis should be changed. The SRP determined that there is not a preponderance of evidence to support a change in the diagnosis.

  • ARMY | BCMR | CY2014 | 20140014497

    Original file (20140014497.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 considered the appropriateness of changes in the applicant's 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...

  • ARMY | BCMR | CY2014 | 20140005781

    Original file (20140005781.txt) Auto-classification: Denied

    The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP). 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 considered the appropriateness of changes in the MH diagnoses, Physical Evaluation Board (PEB) fitness...

  • ARMY | BCMR | CY2014 | 20140010690

    Original file (20140010690.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 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...

  • ARMY | BCMR | CY2014 | 20140010890

    Original file (20140010890.txt) Auto-classification: Approved

    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 considered the appropriateness of changes in the MH diagnoses, Physical Evaluation Board (PEB) fitness determination, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and whether a...

  • ARMY | BCMR | CY2014 | 20140010686

    Original file (20140010686.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 noted the applicant contended post-traumatic stress disorder (PTSD) in his application, but also noted he was not diagnosed with PTSD prior to the final PEB adjudication. The SRP's charge with respect MH conditions referred for review that were determined to be not...

  • ARMY | BCMR | CY2014 | 20140010658

    Original file (20140010658.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 during processing through the military Disability Evaluation System. Because the separation physical examination listed diagnoses of depression and post-traumatic...

  • ARMY | BCMR | CY2014 | 20140008970

    Original file (20140008970.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. 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. The SRP determined that there was not a preponderance of the evidence to change the MH diagnosis.

  • ARMY | BCMR | CY2014 | 20140018936

    Original file (20140018936.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 that both the service and VA rendered the same MH diagnosis of GAD and agreed that there was not a preponderance of evidence to support an SRP recommendation for...

  • ARMY | BCMR | CY2014 | 20140010919

    Original file (20140010919.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 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.