IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010681
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 separation determination.
2. The SRP considers the appropriateness of changes (if any) in the MH diagnoses and the appropriateness of the physical evaluation board (PEB) fitness determination for any MH condition. The SRP determined based on the preponderance of the applicant's performance and evidence that his MH condition was unfairly characterized as not unfitting by the service. The SRP further considered whether the provisions of the Department of Veterans Affairs Schedules for Rating Disabilities (VASRD), section 4.129, were applicable and made recommendations for said ratings in accordance with VASRD, section 4.130, and VASRD, section 4.129, as appropriate.
3. The SRP's first assessment with regard to the MH condition, under MH review project guidelines, was to judge (based on a preponderance of evidence) whether a diagnosis was changed to the potential disadvantage of the applicant or whether a diagnosis of post-traumatic stress disorder (PTSD) was changed or unfairly eliminated. As noted above, consideration of PTSD was not relevant to this case. Although a diagnosis of adjustment disorder was made by the Service psychiatrist which would not have been eligible for a service rating in accordance with DOD Instruction 1338.32(E5) and thereby unfavorable, the medical evaluation board (MEB) forwarded the ratable "more serious" diagnosis of depression for PEB consideration. The applicant's case did not appear to meet the inclusion criteria in the terms of reference of the MH review project.
4. The SRP also considered the appropriateness of the PEB determination that the adjudicated MH condition was not unfitting. The MEB judged that the applicant's MH condition met retention standards and there was no psychiatric profile throughout her service. The commander's statement supported a conclusion that there was no unfitting MH impairment and the Service treatment records provided no evidence of compromised performance due to psychiatric issues.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB fitness determination for the applicant's MH condition.
6. 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) AR20140010681
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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 | 20140011158
The SRPs determined the MH condition, under guidelines of the MH Review Project, was to judge (based on a preponderance of evidence) whether a diagnosis was changed to the potential disadvantage of the applicant or whether a diagnosis of Post-Traumatic Stress Disorder (PTSD) was changed or unfairly eliminated. At the time of temporary retirement, the applicant remained occupationally functional and there was not serious impairment in most areas as dictated by the 70 percent rating...
ARMY | BCMR | CY2014 | 20140013478
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 recommendations based on the above evidence and, its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (in this case anxiety and/or depression) was unfairly eliminated during the Integrated...
ARMY | BCMR | CY2014 | 20140018730
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 that the preponderance of evidence in the service treatment record did not support a diagnosis of PTSD. The SRP next addressed the application of VASRD section 4.129 in its recommendations, noting that VASRD section 4.129 does not specify a diagnosis of...
ARMY | BCMR | CY2014 | 20140013911
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 directed attention to its recommendations based on the above evidence and, its first assessment with regard to the applicant's MH condition under MH Review Project guidelines is to judge whether a diagnosis of Post-Traumatic Stress Disorder (PTSD) was changed or...
ARMY | BCMR | CY2014 | 20140010501
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 directed attention to its recommendations and its first assessment with regard to the MH condition, under MH Review guidelines, was to judge (based on a preponderance of evidence) whether an MH diagnosis was changed or unfairly eliminated during the...
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 | CY2014 | 20140014936
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 agreed therefore that there was not a preponderance of evidence to support an SRP recommendation for changing the MH diagnosis (anxiety disorder not otherwise specified (NOS)) as adjudicated by the Service. Given the lack of corroboration of the reported DSM IV-TR...
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...