IN THE CASE OF:
BOARD DATE: 7 January 2015
DOCKET NUMBER: AR20140015754
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 Post-Traumatic Stress Disorder (PTSD) was incurred from sexual assaults while on active duty.
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 applicants response to the advisory opinion pointed out that she was raped and suffers from PTSD. The applicant gives specific details of how she has difficulties performing simple tasks, e.g. bathing, eating, brushing her teeth, and combing her hair. The applicant further states that she requires a higher level of treatment and that she receives MH treatment from the Department of Veterans Affairs which has diagnosed her with PTSD. She has also consulted with a private psychologist.
5. In the applicants rebuttal she further discussed throughout her military service she had experienced continuous sexual harassment with offensive remarks. The applicant also states that her daughter at the age of 3 years old was sexually assaulted. The applicant provided a Standard Form 550 (Emergency Care and Treatment Medical Record).
6. The applicant concluded in her rebuttal by stating she made frequent sick call hospital appointments during 2002 and 2005. In her visits several medical concerns had been addressed such has depression, anxiety, and panic attacks; however, she avoided any questions or thoughts about rape.
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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of depression as the only diagnosis rendered during DES processing. The SRP agreed there were no changes in diagnoses and, therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered whether any MH condition(s) were unfitting for continued military service, regardless of specific diagnosis and without regard to the presumption of fitness rule. The SRP noted the applicant had received minimal MH care and trials of medication to treat her depressive symptoms, but had not participated in treatment for several months prior to Temporary Disability Retired List (TDRL) placement. The SRP concluded that the evidence of the record reflected minimal MH-related symptoms leading to the time of TDRL placement for the applicants non-MH condition.
4. The applicants response to the advisory opinion indicates that she was sexually assaulted, raped, and now suffers from PTSD. However, only the mental health condition regarding a diagnosis change or elimination of a diagnosis during her disability evaluation process was considered during this review. If the applicant desires to have her case reviewed to address her new issues of sexual assault and alleged rape, she must reapply to the ABCMR using a new DD Form 149 (Application for Correction of Military Records).
5. After due deliberation in consideration of the preponderance of the evidence, the SRP therefore concluded that the evidence was insufficient to recommend the applicants MH condition as unfitting at the time of separation and therefore not subject to disability rating.
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 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) AR20140015754
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150007336
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP carefully reviewed the available records and noted the records demonstrated absence of symptoms to support a PTSD or MDD diagnosis. The higher 70 percent rating was for Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. Available treatment records at the time leading up to TDRL...
ARMY | BCMR | CY2014 | 20140007642
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. After a comprehensive review of the case, the SRP recommended by unanimous vote that the applicants prior determination be modified to reflect a TDRL rating of 50 percent rather than 30 percent for her PTSD condition, and no change to her prior permanent rating of 30 percent for the PTSD condition. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140000267
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 Disability Evaluation System (DES). The SRP concluded there was insufficient evidence to support a conclusion that a highly-stressful event...
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...
ARMY | BCMR | CY2014 | 20140015794
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 | 20140012003
The PDBR SRP conducted a comprehensive review of the applicants 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 military Disability Evaluation System (DES). The preponderance of evidence did not support a PTSD diagnosis and there was no...
ARMY | BCMR | CY2014 | 20140015294
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP noted the physical evaluation boards (PEBs) adjudication appropriately applied Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and granted a TDRL entry rating of 50 percent for the PTSD with major depression condition. The SRP...
ARMY | BCMR | CY2015 | 20150007871
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.
AF | PDBR | CY2013 | PD-2013-02272
The Informal PEB adjudicated “major depressive disorder”as unfitting, rated 10%with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. The VA Compensation and Pension (C&P) exam performed 2 months after separation, noted the CI missed...
ARMY | BCMR | CY2014 | 20140013546
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 evidence of the available records shows the PTSD diagnosis, while not consistent...