Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140013803
Original file (20140013803.txt) Auto-classification: Denied

		BOARD DATE:	 10 September 2014

		DOCKET NUMBER:  AR20140013803 


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 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 MH condition during processing through the military disability system.

2.  The Department of Defense 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 of the applicant’s disability and retirement determination.

2.  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 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. 

3.  The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (DES).  The evidence of the available record shows that diagnoses of alcohol dependence in remission and anxiety disorder were rendered.  The SRP therefore determined that the MH diagnosis was not changed to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.

4.  The SRP considered whether the applicant's MH condition was unfitting for continued military service.  The SRP’s charge with respect to the MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEB’s fitness adjudication.  The SRP’s threshold for countering PEB not-unfit determinations required a preponderance of evidence. 

5.  The SRP agreed that the preponderance of evidence of the record reflected minimal symptoms and good duty performance (as related to mental functioning) in the period of time leading into the medical evaluation board (MEB).  At no time during the applicant’s military service did he require a psychiatric hospitalization or emergency care.  The applicant's anxiety disorder condition was not profiled or implicated in the commander’s statement, and was not judged to fail retention standards by any provider or the MEB. 

6.  After due deliberation in consideration of the preponderance of the evidence, the SRP  concluded the MH condition was not unfitting at the time of medical retirement and no MH diagnosis was subject to additional disability rating. 

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)                                  AR20140013803



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140010916

    Original file (20140010916.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 MH condition during processing through the military Disability Evaluation System (DES). After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the MH condition was not unfitting at the time of medical retirement and no mental health diagnosis was...

  • ARMY | BCMR | CY2014 | 20140010492

    Original file (20140010492.txt) Auto-classification: Denied

    The SRP considered the appropriateness of changes in the MH diagnoses, and the physical evaluation board (PEB) fitness determination. To consider if this diagnostic variance represented a possible disadvantage to the applicant during the Integrated Disability Evaluation System (IDES) process, the SRP first considered if the preponderance of the evidence indicated unfitness to perform military duties. The record indicated treatment was improving his symptoms and his symptoms were not...

  • ARMY | BCMR | CY2014 | 20140007707

    Original file (20140007707.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 11 June 2014 DOCKET NUMBER: AR20140007707 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 a MH condition during processing through the military disability system.

  • ARMY | BCMR | CY2014 | 20140008922

    Original file (20140008922.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 reviewed the records for evidence of inappropriate changes in or elimination of a diagnosis of an MH condition during processing through the Disability Evaluation System (DES). The PEB adjudicated both MH conditions as "conditions not constituting a...

  • ARMY | BCMR | CY2013 | 20130021008

    Original file (20130021008.txt) Auto-classification: Denied

    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 (MH) diagnosis was changed during that process. 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...

  • ARMY | BCMR | CY2014 | 20140010846

    Original file (20140010846.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the pilot Disability Evaluation System (DES).

  • ARMY | BCMR | CY2013 | 20130020955

    Original file (20130020955.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health condition. 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 discussed the Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD) conditions and symptoms at the end of the TDRL period.

  • ARMY | BCMR | CY2014 | 20140005783

    Original file (20140005783.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. After due deliberation in consideration of the preponderance of the evidence, the SRP...

  • ARMY | BCMR | CY2014 | 20140014906

    Original file (20140014906.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 an MH diagnosis or diagnoses being changed or eliminated to the applicant's possible disadvantage during the Disability Evaluation Process (DES). After due deliberation in consideration of the preponderance of the evidence, the...

  • ARMY | BCMR | CY2014 | 20140006948

    Original file (20140006948.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 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...