IN THE CASE OF:
BOARD DATE: 22 October 2014
DOCKET NUMBER: AR20140016185
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 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 of the applicant's Temporary Disability Retired List (TDRL) entry disability determination.
2. 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 evidence of the available records show the following diagnoses were rendered while processing through the DES -- major depression, adjustment disorder with anxiety, and adjustment disorder with depressed mood.
3. The SRP noted that adjustment disorder with depressed mood was removed; however, the SRP determined that it was not to the applicants disadvantage because the depressed mood was evaluated under the more serious diagnosis, major depression. The evidence of the available records recorded no inappropriate changes to an MH diagnosis to the applicants possible disadvantage during the DES process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed the diagnosis of major depression was the appropriate diagnosis and that the Physical Evaluation Board (PEB) adjudication of unfitting major depression was supported by the evidence. The SRP agreed that the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were appropriately not applied at TDRL entry.
5. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 30 percent at time of TDRL entry. The higher 50 percent rating is for occupational and social impairment with reduced reliability.
6. After due deliberation, considering all of the evidence and mindful of VASRD section 4.3, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the MH conditions at the time of TDRL entry. The applicant remains on the TDRL.
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 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) AR20140016185
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140014415
The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The SRP noted that the available records show no changes to an MH diagnosis to the applicant's possible disadvantage during the DES process. The SRP agreed with the Physical Evaluation Board (PEB) determination that symptoms of depression and anxiety were present.
ARMY | BCMR | CY2014 | 20140013094
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 Disability Evaluation System (DES). The SRP agreed that PEB adjudication of unfitting PTSD was supported by the evidence;...
ARMY | BCMR | CY2015 | 20150005736
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The evidence of the available records showed the diagnoses of mood disorder secondary to traumatic brain injury (TBI), cognitive disorder not otherwise specified (NOS) and depression, atypical psychosis and chronic PTSD were rendered during processing through the DES. After due deliberation in consideration of the preponderance of the evidence and mindful of VASRD section...
ARMY | BCMR | CY2014 | 20140011590
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP agreed that physical evaluation board (PEB) adjudication of the unfitting major depressive disorder (MDD) was supported by the evidence and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were appropriately applied at Temporary Disability Retired List (TDRL) entry; however, the SRP noted its...
ARMY | BCMR | CY2014 | 20140009433
The PDBR SRP conducted a comprehensive review of the applicants 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 changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES), pilot program. The evidence of the available records show the diagnosis of the applicant's...
ARMY | BCMR | CY2014 | 20140013542
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 | 20140013542
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 | 20140010919
The PDBR SRP conducted a comprehensive review of the applicants 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 also determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. The evidence did not support a change in the diagnosis.
ARMY | BCMR | CY2014 | 20140015967
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 the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records recorded no inappropriate changes to an MH diagnosis.
ARMY | BCMR | CY2014 | 20140011771
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 MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of adjustment disorder, not otherwise...