BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012398
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 the MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records show the Department of Veterans Affairs (VA) diagnoses of mood disorder with anxiety and social phobia were rendered during the IDES process. The SRP agreed there were no inappropriate changes in diagnosis and determined that MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.
3. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting mood disorder with social phobia was supported by the evidence and the provisions of VA Schedule for Rating Disabilities (VASRD) section 4.129 were appropriately not applied. The SRP considered if there was evidence of a VASRD section 4.130 rating higher than 50 percent at time of separation. The higher 70 percent rating is for occupational and social impairment, with deficiencies in most areas. The SRP considered the record in evidence and determined that there was insufficient reasonable doubt for recommending a 70 percent rating at separation.
4. 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) AR20150012398
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140014485
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 | 20140011238
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP noted 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 entry recorded a history of suicidal ideation without plan or intent, but no visits to the emergency room and no psychiatric...
ARMY | BCMR | CY2015 | 20150005872
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 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 Disability...
ARMY | BCMR | CY2014 | 20140010672
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 changes in diagnosis of the MH condition during the applicant's processing through the military Integrated Disability Evaluation System (IDES). After due deliberation in consideration of the preponderance of the evidence, the SRP determined that there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for...
ARMY | BCMR | CY2014 | 20140009057
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 a mental health condition during processing through the military disability system. The SRP further agreed that physical evaluation board (PEB) adjudication of unfitting PTSD was supported by the evidence; therefore, the diagnosis...
ARMY | BCMR | CY2014 | 20140014492
The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of medical retirement. After due deliberation and the preponderance of evidence the SRP concluded that the evidence at the time of medical retirement is most accurately depicted by the 50 percent rating.
ARMY | BCMR | CY2014 | 20140014492
The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of medical retirement. After due deliberation and the preponderance of evidence the SRP concluded that the evidence at the time of medical retirement is most accurately depicted by the 50 percent rating.
ARMY | BCMR | CY2014 | 20140003670
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military disability evaluation system and determined the MH diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation. The SRP questioned the C&P examiner's conclusion regarding financial management competency, given the subsequent assessment and conclusions by the NARSUM psychiatrist (including a Global Assessment of...
ARMY | BCMR | CY2015 | 20150005870
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 Disability Evaluation System (DES). After due deliberation in consideration of the preponderance of the evidence, the SRP agreed the...
ARMY | BCMR | CY2015 | 20150006052
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 Disability Evaluation...