IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005863
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 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH 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 MH 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 applicants case, the SRP determined by unanimous vote that there be no change of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records shows the medical evaluation board (MEB) diagnoses of adjustment disorder with anxiety and depressed mood and the Department of Veterans Affairs (VA) diagnoses of generalized anxiety disorder (GAD) and depressive disorder not otherwise specified (NOS) were rendered during the IDES process. The SRP concluded the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered the adjustment disorder was the diagnosis consistently recorded from 15 January 2009 by his treating psychiatrist, including two visits
1-2 months prior to the MEB. The narrative summary (NARSUM) examiner acknowledged some past ambiguity in support of other diagnoses, but still considered adjustment disorder to be the most accurate diagnosis based on an interview and record review that included the VA exam.
4. The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. The SRPs charge with respect to the MH conditions referred for review that were determined to be not unfitting by the physical evaluation board (PEB) was an assessment of the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not unfit determinations required a preponderance of evidence. In this case, the PEB adjudicated the adjustment disorder as a condition not constituting a physical disability in accordance with Department of Defense Instruction (DoDI) 1332.38. However, even conceding the issue of whether the condition constituted a physical disability or whether any other MH disorder such as GAD, depression or post-traumatic stress disorder (PTSD) was present, the SRP agreed that the preponderance of evidence of the record reflected non-limiting MH symptoms. During the period of time leading into the MEB, there were no psychiatric emergency visits, no suicidal or homicidal thoughts, no legal issues, no reports of domestic violence, and no psychiatric hospitalizations. The commanders statement did not implicate a MH condition as a cause of duty impairment. No MH condition was profiled or judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and none were subject to service disability rating.
6. The available evidence shows the SRPs 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) AR20150005863
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140013531
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 | CY2014 | 20140010915
IN THE CASE OF: BOARD DATE: 30 July 2014 DOCKET NUMBER: AR20140010915 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 determined that the MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process.
ARMY | BCMR | CY2014 | 20140018936
Application for correction of military records (with supporting documents provided, if any). 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 noted that both the service and VA rendered the same MH diagnosis of GAD and agreed that there was not a preponderance of evidence to support an SRP recommendation for...
ARMY | BCMR | CY2014 | 20140007560
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 or elimination of diagnosis of the MH condition during processing through the Disability Evaluation System (DES) and found none. The SRP noted that the Veterans Affairs compensation and pension examiner...
ARMY | BCMR | CY2015 | 20150007338
Application for correction of military records (with supporting documents provided, if any). 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 entirety of the record and concluded there was insufficient evidence to support the diagnoses of GAD or MDD and there was insufficient evidence to change the...
ARMY | BCMR | CY2014 | 20140013902
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. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating...
ARMY | BCMR | CY2015 | 20150003882
The SRP recommended no change to the physical evaluation board (PEB) adjudication of the permanent retirement rating of 30 percent for the unfitting mental health condition. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Integrated Disability Evaluation System (IDES). The SRP noted that the PEB assigned a disability rating of 30 percent without application of VASRD Section 4.129 (Mental...
ARMY | BCMR | CY2014 | 20140010658
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 military Disability Evaluation System. Because the separation physical examination listed diagnoses of depression and post-traumatic...
ARMY | BCMR | CY2015 | 20150008679
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. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder NOS was supported...
ARMY | BCMR | CY2014 | 20140011585
IN THE CASE O BOARD DATE: 6 August 2014 DOCKET NUMBER: AR20140011585 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. The physical evaluation board (PEB) adjudicated the referred MH conditions as not unfitting and noted that adjustment disorder was not a compensable...