IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20150008316
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 an 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 mental health 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 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 applicants case, the SRP determined by unanimous vote that there should be no change in the service determination.
2. The SRP considers the appropriateness of changes (if any) in MH diagnoses,
the appropriateness of physical evaluation board (PEB) fitness determination for any MH condition and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, followed by any indicated rating recommendations. The evidence of the available records showed a diagnosis of post-traumatic stress disorder (PTSD) was rendered during the Disability Evaluation System (DES) process. The diagnosis of PTSD was not changed and was adjudicated by the PEB; therefore, the applicants case did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
3. The SRP later turned to its assessment of the fairness of the PEBs determination that PTSD was not unfitting. It was noted that fitness determinations were performance based, and that an SRP recommendation for a change in a fitness determination must be supported by a preponderance of evidence and not grounded in speculation or based on reasonable doubt. There were no psychiatric emergency visits, no active suicidal or homicidal thoughts, no legal issues, no reports of domestic violence, nor any psychiatric hospitalizations. The medical evaluation board psychiatric opinion was that the condition met retention standards. The commanders statement, the S1 profile and the lack of any service treatment records evidence of performance limitations from cognitive or behavioral impairment were strong arguments against a conclusion that PTSD or any mental disorder, regardless of the diagnosis, and was reasonably recommended as unfitting.
4. After due deliberation in consideration of the preponderance of the evidence, and the standard set forth above, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for PTSD; rendering it ineligible for disability rating.
5. 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) AR20150008316
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010492
The SRP considered the appropriateness of changes in the MH diagnoses, and the physical evaluation board (PEB) fitness determination. To consider if this diagnostic variance represented a possible disadvantage to the applicant during the Integrated Disability Evaluation System (IDES) process, the SRP first considered if the preponderance of the evidence indicated unfitness to perform military duties. The record indicated treatment was improving his symptoms and his symptoms were not...
ARMY | BCMR | CY2014 | 20140000246
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 PEB determined the MH condition should not to be unfitting. After significant deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for...
ARMY | BCMR | CY2014 | 20140010690
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). After due deliberation in consideration of the preponderance of the evidence, the SRP...
ARMY | BCMR | CY2014 | 20140009050
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 diagnosis of the MH condition during processing through the military disability evaluation system (DES). The SRP concluded the diagnosis of adjustment disorder at the time of the MEB and PEB was correct.
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 | CY2014 | 20140013480
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 considered whether a change of the diagnosis to PTSD was recommended. The SRP also agreed that there was not a preponderance of evidence in support of a recommendation to change the service diagnosis from anxiety disorder to PTSD.
ARMY | BCMR | CY2014 | 20140010686
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 applicant contended post-traumatic stress disorder (PTSD) in his application, but also noted he was not diagnosed with PTSD prior to the final PEB adjudication. The SRP's charge with respect MH conditions referred for review that were determined to be not...
ARMY | BCMR | CY2014 | 20140014269
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. Its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (either PTSD or anxiety disorder) was unfairly eliminated during DES proceedings. The SRP next considered whether there was preponderance of performance-based evidence...
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 | 20140007669
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's charge with respect to the applicant's MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEB fitness adjudication. After due deliberation in consideration of the preponderance of...