IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20150010485
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 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 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 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 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). The available records show that the diagnosis of adjustment disorder with depressed mood was the only diagnosis rendered during that process. Therefore, the SRP concluded no diagnosis was changed or eliminated to the applicants possible disadvantage. The SRP determined the criteria for the Terms of Reference for the MH Review Project was not met. The SRP also considered whether the MH conditions were unfitting for continued military service regardless of specific diagnosis.
3. The SRP agreed that evidence of the record reflected minimal MH related symptoms during 2009 leading into the time of the Medical Evaluation Board. The mental status examinations in the record in evidence including the Compensation and Pension (C&P) exam were normal with the exception of depressed mood and affect. There was no evidence of acute symptom exacerbation with visits to the emergency room, no report of panic attacks, active suicidality, and no hospitalizations. The applicant attributed the majority of her psychological symptoms to her physical condition that was acknowledged throughout the record and 10 months later at the Department of Veterans Affairs C&P mental examination. The commanders functional statement did not implicate an MH issue, and there was no evidence that an MH condition interfered with the duty performance, and no MH condition was ever profiled.
4. The SRP acknowledged the C&P examiners assessment and diagnosis of major depressive disorder (MDD); however, the examiner indicated the condition was not present at the time of separation. The SRP agreed there was insufficient clinical evidence to support that Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), diagnostic criteria for MDD were fully met at any time prior to medical retirement.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP therefore concluded there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to 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) AR20150010485
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015739
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 MH condition during processing through the Integrated Disability...
ARMY | BCMR | CY2014 | 20140018848
Although the MEB psychiatrist formulated a strong opinion regarding the independence of the MDD from the non-MH conditions in the PEB appeal, his own examination at a time when the issue was not being contested documents a firm link between the pain and disability from the medical conditions and the depression, noting a reciprocal relationship between the severity of the non-MH and MH symptoms, and the record well establishes that the depression arose in the setting of chronic pain and...
ARMY | BCMR | CY2014 | 20140015771
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 applicant was not diagnosed with PTSD prior to TDRL entry, did not meet criteria for PTSD at TDRL exit, and the TDRL examiner noted his VA treating psychiatrist recorded MDD in partial remission as the only diagnosis. After due deliberation in consideration...
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 | 20140004337
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 inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of depression and Post-Traumatic...
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 | 20140015741
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 to the applicant's disability and retirement determination. The SRP later considered if the diagnosis was appropriate.
ARMY | BCMR | CY2014 | 20140002392
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 considered the appropriateness of changes in the mental health (MH) diagnoses, the physical evaluation board (PEB) fitness determination and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities...
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 | 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...