IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150007338
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 processing.
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 the MH condition during processing through the Disability Evaluation System (DES). Diagnoses of anxiety and depression, anxiety disorder with depression (Department of Veteran Affairs), generalized anxiety disorder (GAD), and major depressive disorder (MDD) (service treatment record) were rendered during the DES process. The GAD and MDD diagnoses were recorded on a follow-up visit to the psychiatry clinic, but not on any other documents. The available service treatment records (STRs) did not reflect evidence for a GAD or MDD diagnosis; specifically, there was no evidence that the applicant ever met Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnostic criteria for GAD or MDD. Although the diagnoses of GAD and MDD were noted on the Medical Evaluation Board (MEB), the profile, the STRs and the orthopedic narrative summary (NARSUM), the final psychiatric NARSUM did not list or support those diagnoses.
3. The SRP noted that the MEB and Physical Evaluation Board (PEB) retained the diagnosis of dysthymia. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference (TOR) of the MH Review Project. 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 DES diagnosis of dysthymia.
4. The SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of retirement and therefore, none were subject to service disability rating.
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) AR20150007338
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150007873
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 the diagnosis of anxiety disorder was noted on the profile and physical and not recorded at the Medical Evaluation Board (MEB) and subsequently not adjudicated by the PEB; therefore, this diagnosis was eliminated. After due deliberation in consideration of...
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 | 20140000661
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. The SRP Panel deliberated on the IPEB descriptors and determined that all the MH conditions were listed, although not separately rated in accordance with...
ARMY | BCMR | CY2015 | 20150005732
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 | 20140014489
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 diagnoses of PTSD, generalized anxiety...
ARMY | BCMR | CY2015 | 20150002063
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The applicant was evaluated by two other psychologists who did not diagnose PTSD. There were few symptoms recorded associated with PTSD.
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 | 20140014487
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 applicant's MH condition was determined to be not unfitting by the PEB. Based on the post-separation VA evidence and the STR, the SRP was unable to conclude that there was either sufficient evidence to change the Service MH diagnosis or a preponderance of...
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 | 20140014262
After a comprehensive review of the applicants 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...