Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140015391
Original file (20140015391.txt) Auto-classification: Denied

		
		BOARD DATE:	  8 October 2014

		DOCKET NUMBER:  AR20140015391 


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 also states that his rating for Post-Traumatic Stress Disorder (PTSD) should have been higher and not rated with his other disabilities because they are different.  He further states that his disability was incurred in a combat zone or incurred during the performance of duty related to combat.

4.  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 considers the appropriateness of changes in the applicant's MH diagnoses; the appropriateness of Physical Evaluation Board (PEB) fitness determination for any MH condition; and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable.  

3.  The SRP further considers the fairness of disability ratings for MH conditions and makes recommendations for said ratings in accordance with VASRD section 4.130 and VASRD section 4.129 as appropriate.  Although the formal diagnosis ultimately forwarded to the PEB was anxiety disorder with PTSD, the diagnosis upon entering the Disability Evaluation System (DES) proceedings was PTSD. The SRP concluded that the applicant met the inclusion criteria of the Terms of Reference of the MH Review Project. 

4.  The SRP considered whether a change in diagnosis to primary PTSD (rather than the PEB combined anxiety disorder/PTSD) should be recommended.  The SRP noted that the Medical Evaluation Board (MEB) psychiatric rationale for the diagnosis change was premised solely on the lack of documentation of criterion A stressors, and the SRP agreed that the applicant’s inability to confirm the deployments posed significant probative concerns with regard to the criterion A stressors but must consider that earlier deployments (satisfying criterion A) were uncontested.  It is also noted that the PEB diagnosis (anxiety disorder with PTSD) was adopted by the VA, even though an Axis I diagnosis of PTSD was conceded by the VA examiner. 



5.  The SRP agreed that since there were diverse psychiatric opinions and features of both MH diagnoses in evidence, there was not a preponderance of evidence supporting a change in the MH diagnoses at Temporary Disability Retired List (TDRL) and permanent retirement, further noting that any such distinction was moot to VASRD section 4.129 and  VASRD section 4.130 rating considerations. 

6.  The SRP assessed whether one of the higher ratings of 70 percent or 100 percent was fairly recommended.  The VASRD section 4.130 descriptions for a 70 percent rating is “occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.”  The greatest occupational impediments at the time of TDRL placement were imposed by the non-MH conditions; social impairment as judged by the objective evidence was not severe; deficiencies in the other specified areas were not in evidence; and none of the referenced typical symptoms were in evidence.  Therefore, the SRP agreed that the requirements for a 70 percent rating were not met.  The SRP concluded that there was insufficient cause to recommend a change in the PEB’s TDRL rating for the anxiety disorder not otherwise specified (NOS). 

7.  The SRP finally considered if the permanent rating of 50 percent for the MH condition was fairly assigned.  After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that there was insufficient cause to recommend a change in the PEB’s permanent rating for anxiety disorder NOS, VASRD code 9411-9413. 

8.  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)                                  AR20140015391



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140006646

    Original file (20140006646.txt) Auto-classification: Approved

    There was not a preponderance of evidence in support for all of the DSM IV-TR criteria, and the medical evaluation board (MEB) psychiatrist's diagnosis of anxiety disorder, NOS was the only MH diagnosis underpinned by a comprehensive evaluation and sufficiently probative evidence. The analysis by the end-TDRL psychiatrist establishing a progression from anxiety disorder, NOS to PTSD is a reasonable assumption, and was accepted as the conclusion of the SRP majority. The SRP next addressed...

  • ARMY | BCMR | CY2014 | 20140008914

    Original file (20140008914.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The diagnosis of anxiety disorder was the only established MH diagnosis in the service treatment records (STR), thus there was no unfavorable change of diagnosis. The SRP's charge was assessing the fairness of the service determination that criteria for the diagnosis of PTSD were not met, not whether an established diagnosis was eliminated.

  • ARMY | BCMR | CY2014 | 20140002392

    Original file (20140002392.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 considered the appropriateness of changes in the mental health (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...

  • ARMY | BCMR | CY2014 | 20140004960

    Original file (20140004960.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 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...

  • ARMY | BCMR | CY2014 | 20140015772

    Original file (20140015772.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 next considered if there was evidence in the record to support a recommendation of a diagnosis of PTSD, or any other MH condition, for disability rating at TDRL entry. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded...

  • 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...

  • ARMY | BCMR | CY2014 | 20140006934

    Original file (20140006934.txt) Auto-classification: Approved

    The SRP further considered whether the provisions of the Department of Veterans Affair Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable to any unfitting MH condition (physical evaluation board (PEB) adjudicated or SRP recommended), and made rating recommendations in accordance with VASRD Section 4.130 (and VASRD Section 4.129 as appropriate). The Service evidence made clear that a diagnosis of PTSD was considered, and the medical evaluation board (MEB) psychiatrist...

  • ARMY | BCMR | CY2014 | 20140016190

    Original file (20140016190.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 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 an MH condition during processing through...

  • 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 | 20140015409

    Original file (20140015409.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 rating at Temporary Disability Retired List (TDRL) entry. The SRP determined that an MH diagnoses was changed to the applicant’s possible disadvantage in the disability evaluation.