Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140015812
Original file (20140015812.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  15 October 2014

		DOCKET NUMBER:  AR20140015812 


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 should be no change of the applicant’s disability and retirement determination.  

2.  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).  The evidence of the available records showed Post-Traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the DES.  The SRP determined that the MH diagnoses were not changed in the disability evaluation process.  Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.

3.  The SRP agreed that the evidence supported physical evaluation board (PEB) adjudication of unfitting PTSD.  The applicant appeared to have 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 Temporary Disability Retired List (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.  The higher rating of 70 percent required demonstration of impairment in most areas, which was not supported by the record; she was hospitalized once, made no suicide attempts or gestures, participated in swim meets, and had an essentially normal mental status examination (MSE) during the NARSUM that demonstrated no impairments in thinking or judgment, there were no evidence of visits to the emergency room (ER) and no reported panic attacks.

5.  The SRP also considered the record in evidence did not support a rating higher than 50 percent rating 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.  The SRP agreed at the time of permanent retirement that the record adequately demonstrated that although the applicant’s symptoms had not significantly improved since initiation of the TDRL, they appeared to have stabilized.  The applicant was not hospitalized during the TDRL period and denied suicidal ideations on both the Compensation and Pension (C&P) and TDRL examinations.  There was no evidence of near-continuous panic attacks, no recorded visits to the ER, no evidence of impaired impulse control, no personal neglect, and no impaired thinking or judgment. 

6.  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 applicant’s MH conditions at TDRL entry or permanent retirement.

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)                                  AR20140015812



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 | 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 | 20140015802

    Original file (20140015802.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate...

  • 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 | 20140014262

    Original file (20140014262.txt) Auto-classification: Denied

    After a comprehensive review of the applicant’s case, the SRP determined by unanimous vote that there should no change in the physical evaluation board (PEB) adjudication of the temporary disability and permanent retirement determination. The SRP noted the neurology medical evaluation board (MEB) recorded the diagnosis of Post-Traumatic Stress Disorder (PTSD) and that the neuropsychological evaluation had not recorded a diagnosis of PTSD and PTSD had not appeared in any other clinical...

  • ARMY | BCMR | CY2015 | 20150007871

    Original file (20150007871.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 considered the record in evidence did not support a rating higher than 30 percent for TDRL placement.

  • 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 | 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 | 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...