Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140015802
Original file (20140015802.txt) Auto-classification: Denied

		

		BOARD DATE:	  15 October 2014

		DOCKET NUMBER:  AR20140015802 


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 DOD Physical Disability Board of Review (PDBR) Mental Health 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 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 was insufficient cause to recommend a change in the physical evaluation board (PEB) adjudication for the applicant’s mental health conditions at Temporary Disability Retired List (TDRL) entry or permanent retirement.

2.  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 evidence of the available records shows the diagnosis of Post-Traumatic Stress Disorder (PTSD) as the only MH diagnosis rendered during processing through the DES.  The SRP agreed there were no inappropriate changes in diagnoses and, therefore, determined that the MH diagnoses were 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 Review Project.

3.  The SRP agreed that the evidence supported PEB adjudication of unfitting PTSD.  The applicant fully met the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, (DSM-IV TR) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (mental disorders due to traumatic stress) for application at TDRL entry.  

4.  The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL.  Available treatment records at the time leading up to TDRL entry recorded no history of suicidal ideation, no visits to the emergency room for his reported panic attacks, no psychiatric hospitalizations, and no evidence of impairment in judgment or thinking.  The SRP considered the record in evidence did not support a rating higher than 50 percent for TDRL entry and there was insufficient reasonable doubt (in accordance with (IAW) VASRD Section 4.3) for recommending a 70 percent TDRL entry rating. 


5.  The SRP agreed at the time of permanent separation that the applicant’s record adequately demonstrated that he had reported marital issues which worsened by his use of alcohol and other alcohol-related issues, he was noted to enjoy activities with no loss of interest, and indicated his wife remained supportive of him.  There were no visits to the emergency room, no report of panic attacks, he was able to complete college courses, and he maintained full-time employment since entering the TDRL period.  His Global Assessment of Functioning (GAF) was recorded as 70 for mild symptoms.  His condition reflected the 10 percent disability rating criteria.

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 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)                                  AR20140015802



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015782

    Original file (20140015782.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The higher rating of 70 percent required demonstration of impairment in most areas, which was not supported by the record; she had not been hospitalized, there were no recorded suicidal ideations, and although the narrative summary (NARSUM) examiner stated her panic disorder was severe there were no recorded visits to the emergency room, no legal issues, and no evidence of...

  • ARMY | BCMR | CY2014 | 20140015809

    Original file (20140015809.txt) Auto-classification: Denied

    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 acknowledged the Compensation and Pension (C&P) examiner’s assessment and diagnosis of PTSD; however, there was insufficient clinical evidence to support that the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, (DSM-IV) diagnostic criteria were met since there was no clear evidence in...

  • ARMY | BCMR | CY2014 | 20140010881

    Original file (20140010881.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 | 20140015771

    Original file (20140015771.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 applicant was not diagnosed with PTSD prior to TDRL entry, did not meet criteria for PTSD at TDRL exit, and the TDRL examiner noted his VA treating psychiatrist recorded MDD in partial remission as the only diagnosis. After due deliberation in consideration...

  • ARMY | BCMR | CY2014 | 20140015790

    Original file (20140015790.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 The diagnosis of the mental health condition during processing through the military Disability Evaluation System (DES). After due deliberation in consideration of the preponderance of the...

  • ARMY | BCMR | CY2014 | 20140015812

    Original file (20140015812.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 mental health condition during processing through the military Disability Evaluation System (DES). 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...

  • ARMY | BCMR | CY2014 | 20140015794

    Original file (20140015794.txt) Auto-classification: Approved

    The SRP reviewed the records for evidence of inappropriate changes in or elimination of diagnoses of the MH condition to the possible disadvantage of the applicant during processing through the military Integrated Disability Evaluation System (IDES). Both the MEB and the VA examiners specifically noted that the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, (DSM-IV-TR) diagnostic criteria for PTSD were not met. The SRP next considered if the evidence...

  • ARMY | BCMR | CY2015 | 20150005872

    Original file (20150005872.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 a 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 Disability...

  • 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 | 20140001868

    Original file (20140001868.txt) Auto-classification: Denied

    After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change in the physical evaluation board (PEB) adjudication of the applicant's temporary disability retirement determination. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the military Disability Evaluation System. At the time of the SRP, there was no evidence the applicant had been removed from the TDRL.