Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150003893
Original file (20150003893.txt) Auto-classification: Denied

		IN THE CASE OF:  

		BOARD DATE:  14 April 2015	  

		DOCKET NUMBER:  AR20150003893 


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 to the applicant's disability and retirement determination.

2.  The SRP reviewed the records for evidence of inappropriate changes in diagnosis of any MH condition during processing through the Disability Evaluation System (DES).  The evidence of the available records show no MH diagnosis was rendered during the DES.  The SRP determined that no MH diagnoses were changed in the disability evaluation.  Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.

3.  The SRP noted, although there was no clinical evidence of treatment of a MH condition or of a diagnosed mental condition prior to Temporary Disability Retired List (TDRL) placement, the applicant noted he took medication to address his symptom of depressed mood and sleep disturbance.  The medication profile was consistent with limited use of one psychotropic medication for approximately 3 months.

4.  The SRP acknowledged the Department of Veterans Affairs (VA) compensation & pension examiner’s diagnosis of major depressive disorder with adjustment disorder and anxiety.  However, with the exception of the VA examine treatment records, the available records did not support that the applicant was ever diagnosed or treated for a diagnosed MH condition prior to TDRL entry or at permanent retirement.  The SRP additionally concluded there was no unfitting MH condition at any time prior to and at the time of the applicant's medical retirement.

5.  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)                                  AR20150003893



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • 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 | 20140015783

    Original file (20140015783.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The depression was not listed on the medical evaluation board (MEB) or adjudicated by the physical evaluation board (PEB). Clinical documentation described depressed mood and symptoms commonly associated with depression; however, there was insufficient evidence that the symptoms met the diagnostic criteria for an Axis I diagnosis of depression.

  • ARMY | BCMR | CY2014 | 20140013094

    Original file (20140013094.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 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 | 20150005864

    Original file (20150005864.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 MH condition during processing through the military disability system. After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there be no change of the applicant's disability and separation determination. The diagnosis of pain disorder was not forwarded by the MEB; however, this was not to the...

  • ARMY | BCMR | CY2014 | 20140016185

    Original file (20140016185.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. 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. The SRP reviewed the records for evidence of inappropriate...

  • ARMY | BCMR | CY2013 | 20130021767

    Original file (20130021767.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. After a comprehensive review of the applicant’s case, the SRP determined by unanimous vote that there be no change in the Physical Evaluation Board (PEB) adjudication for the applicant's mental health (MH) conditions at the time of Temporary Disability Retired...

  • ARMY | BCMR | CY2014 | 20140010919

    Original file (20140010919.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 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 | 20140013531

    Original file (20140013531.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 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 acknowledged the GAD diagnosis, but there was insufficient evidence for the...

  • ARMY | BCMR | CY2015 | 20150005651

    Original file (20150005651.txt) Auto-classification: Approved

    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 SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at the time of TDRL entry. After due deliberation considering all of the evidence, and mindful of VASRD Section 4.3 (reasonable doubt), the SRP recommended a rating of 50 percent at the time of entry on TDRL and no...

  • ARMY | BCMR | CY2015 | 20150005736

    Original file (20150005736.txt) Auto-classification: Denied

    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...