IN THE CASE OF:
BOARD DATE: 28 May 2014
DOCKET NUMBER: AR20140006952
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. He contends that Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) were not evaluated and diagnosed correctly during the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB).
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; 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 whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP noted that although PTSD was listed in service treatment records prior to January 2010 PTSD was not the established diagnosis leading into the Disability Evaluation System (DES) process. Anxiety disorder and depression were referred into the DES as meeting retention standards and remained unchanged throughout the DES process. Therefore, the SRP concluded that the applicant did not meet the inclusion criteria of the Terms of Reference of the Mental Health Special Review Project.
4. The SRP also noted the VA Compensation and Pension examiner's diagnosis of PTSD as well as the reappearance of PTSD in some MH treatment records as the DES processing came to a close. The SRP considered the post-separation memorandum from the treating psychiatrist suggesting that PTSD was the correct diagnosis while the applicant was still in the Army. Review of the Post-Deployment Health Assessment, service treatment records following return from deployment, and primary MH treatment records at the time leading into and through the DES process did not lead the SRP to conclude that the anxiety disorder diagnosis listed by the treating psychiatrist and psychotherapists was incorrect. Therefore, no change in the MEB and PEB diagnosis is recommended.
5. The SRP next considered whether the MH condition, regardless of diagnostic label, was unfitting for continued military service. The SRP concluded that the preponderance of the evidence did not support that any mental condition rose to the level of being unfitting at the time of 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) AR20140006952
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009050
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 diagnosis of the MH condition during processing through the military disability evaluation system (DES). The SRP concluded the diagnosis of adjustment disorder at the time of the MEB and PEB was correct.
ARMY | BCMR | CY2014 | 20140010690
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 | 20140015778
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. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of any MH condition during processing through the pilot...
ARMY | BCMR | CY2014 | 20140014487
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 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 | CY2014 | 20140000121
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 the applicant's diagnosis of the mental health (MH) condition during his processing through the Disability Evaluation System (DES). The SRP noted that at the time of the applicants processing...
ARMY | BCMR | CY2014 | 20140015769
After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there should be no change in the physical evaluation board (PEB) adjudication of the temporary disability and permanent retirement determination. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP noted the personality disorder was determined by the PEB to be a...
ARMY | BCMR | CY2014 | 20140014262
After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there should no change in the physical evaluation board (PEB) adjudication of the temporary disability and permanent retirement determination. The SRP noted the neurology medical evaluation board (MEB) recorded the diagnosis of Post-Traumatic Stress Disorder (PTSD) and that the neuropsychological evaluation had not recorded a diagnosis of PTSD and PTSD had not appeared in any other clinical...
ARMY | BCMR | CY2014 | 20140004337
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 military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of depression and Post-Traumatic...
ARMY | BCMR | CY2015 | 20150005867
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through Integrated Disability Evaluation System (DES). The SRP noted that the evidence in the treatment records did not support a PTSD diagnosis because there was no clear evidence that diagnostic criteria were met. The SRP reviewed the entirety of the record including the in-service diagnosis of PTSD and agreed that there was not a preponderance of evidence...
ARMY | BCMR | CY2014 | 20140015997
The SRP next considered if the anxiety disorder, NOS was a diminution of a PTSD diagnosis and whether a preponderance of the evidence in record supported a recommendation for a change in the diagnosis of the MH condition. The SRP, having agreed that the MH condition was service ratable, next considered whether application of VASRD Section 4.129 was appropriate in this case. The SRP majority thereby recommended a 6-month period of constructive TDRL with a minimal rating of 50 percent for...