Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140011595
Original file (20140011595.txt) Auto-classification: Denied

	
		BOARD DATE:	  6 August 2014

		DOCKET NUMBER:  AR20140011595 


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 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) 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 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 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 his disability and separation determination. 

2.  While in Iraq, the applicant was in direct combat operations and witnessed
some highly stressful events.  After he returned to Hawaii, he was diagnosed with Post-traumatic Stress Disorder (PTSD) and was treated by a civilian psychologist.  In July 2009, the applicant was transferred to Fort Polk, Louisiana.  He began receiving treatment from the MH clinic at Fort Polk.  His diagnoses were anxiety disorder, not otherwise specified (NOS) and insomnia, both of which met retention standards.  In July 2010, the applicant was doing very well.  His MH provider reported that the anxiety disorder, NOS condition was resolved, and discontinued the regularly scheduled appointments. The applicant was told to follow-up if needed.

3.  The SRP noted the available evidence shows that on 30 August 2010, the applicant had a Compensation and Pension (C&P) exam by a psychologist at the Alexandria Department of Veterans Affairs (VA) Medical Center.  The applicant reported that his marriage was great, and his condition had improved considerably.  On mental status exam, he was very nice, polite and cooperative.  Thought processes were logical, coherent and relevant.  Affect was spontaneous and reasoning was good.  Concentration, memory and verbal comprehension were excellent.  There were no emotional problems causing social or occupational impairment.  The examiner’s diagnostic assessment resulted in no Axis I diagnosis.  Global Assessment of Functioning (GAF) score was 80.  He was medically separated from service in February 2011, due to his unfitting non-MH musculoskeletal conditions.  His one MH condition was adjudicated as not unfitting.  A month after separation, the VA issued a VA rating decision.  Service-connection for PTSD was granted, with an evaluation of 0 percent.

4.  The SRP carefully examined all available evidence and considered the appropriateness of changes in the MH diagnosis, and concluded that the changes were appropriate.  As the applicant’s condition improved, he no longer met the diagnostic criteria for PTSD and that explained why his MH diagnosis was eliminated.  However, PTSD was eliminated during processing through the Disability Evaluation System (DES).  Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.

5.  The SRP also considered the appropriateness of the physical evaluation board (PEB) fitness determination.  The applicant’s profile in the medical evaluation board (MEB) narrative summary was S1.  The August 2010 MH C&P exam yielded no Axis I diagnosis.  The applicant stated that he never missed work due to MH problems, and he was working on his Master’s degree.  He was able to engage in a normal range and variety of activities, with no interruption of his typical daily routine.  There were no emotional problems causing any social or occupational impairment. 

6.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded it could not find sufficient cause to justify a change in the PEB adjudication of the MH condition as not unfitting.

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 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)                                  AR20140011595



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140007368

    Original file (20140007368.txt) Auto-classification: Approved

    After a comprehensive review of the applicant’s case, the SRP recommended by unanimous vote that the applicant's records should be corrected to reflect that her bipolar disorder condition was found unfitting, compensable, and ratable and was rated at 30 percent upon Temporary Disability Retired List (TDRL) entry with a combined disability rating of 50 percent; and upon final disposition, a permanent rating of 70 percent for the bipolar disorder condition with a combined disability rating of...

  • ARMY | BCMR | CY2015 | 20150002063

    Original file (20150002063.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The applicant was evaluated by two other psychologists who did not diagnose PTSD. There were few symptoms recorded associated with PTSD.

  • ARMY | BCMR | CY2014 | 20140003242

    Original file (20140003242.txt) Auto-classification: Denied

    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. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in...

  • ARMY | BCMR | CY2014 | 20140014546

    Original file (20140014546.txt) Auto-classification: Denied

    The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). However, the PTSD diagnosis was not considered by the physical evaluation board (PEB) and, therefore, an MH diagnosis was eliminated to the applicant’s possible disadvantage during that process. The SRP noted the VA examination recorded the applicant’s report of symptoms that were inconsistent with the treatment record.

  • ARMY | BCMR | CY2015 | 20150005732

    Original file (20150005732.txt) Auto-classification: Denied

    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 applicant's MH condition during processing through the military...

  • ARMY | BCMR | CY2014 | 20140010886

    Original file (20140010886.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 also reviewed the PEB fitness determination and other evidence in the record; the...

  • ARMY | BCMR | CY2014 | 20140014487

    Original file (20140014487.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 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 | 20140010722

    Original file (20140010722.txt) Auto-classification: Denied

    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 applicant's MH condition during processing through the military Disability Evaluation System (DES). The applicant’s records show no anxiety or psychological symptoms were recorded.

  • ARMY | BCMR | CY2014 | 20140021607

    Original file (20140021607.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. There was no indication that the IMR reviewer performed a clinical evaluation, and the self-reported symptoms of anxiety related to medical conditions and panic attacks recorded at the C&P mental evaluation were not recorded in any other clinical record. The SRP...

  • ARMY | BCMR | CY2014 | 20140009095

    Original file (20140009095.txt) Auto-classification: Approved

    There was no evidence in the record of recurrent suicidal behaviors, no recorded visits to the emergency room for MH treatment, no recurrent psychiatric hospitalizations and no impairment in thinking or judgment at the time of separation. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the application of VASRD Section 4.129 was applicable in this case with a 50 percent disability rating. UNFITTING CONDITION VASRD CODE TDRL...