our soldiers and their families but also to create improved create and maintain them around the so that's what the whole purpose of this is it's also about make sure that they receive unique almost i've never seen a shift and it has as much level of assessment to make certain that everything is done carefully and properly i agree that there is a system in place but i believe the system in parks was because from the start in the beginning i understand that you know when the military comes up with a camera comes up they're going to be arguing that we waste a lot of our image how are we strongly disagree that all we've done is made so approach arguments in support of the continuous claims lack of treatment that they gave dr d s and initially assessing is anybody for instance a state that well since two thousand and seven  had this adjustment disorder however in their discussions two years later one they fail to address the conflicting medical evidence that shows that he was diagnosed at one time i psychologist showing that he had freshened not adjustments ordered but depression and even if we were to put that argument aside or put that argument aside and say ok well since he's had this condition since two thousand and seventy has adjustment disorder but if he's had adjustment disorder that long over six months the d s m clearly shows that now he has a condition that is chronic and that moves from an adjustment disorder into depression third in that current what about the two thousand and eight m e v report i thought that was what was primarily relied on by the air force i only understood them to look at the two thousand and seven report to point to the fact that there were conditions that preexisted entry into the air force and recent was in three a ninety it's not six months two years when you're whatever the case may be but even so they did it first in their decisions with regards to what may be predicting they don't list and explain why these conditions are both unfitting both predicted and preexisting and any other that may have been exacerbated during just time in service and according to the law and i don't say that in my  that you can't just say i'm going to just because you have to give some actual reasoning behind so that we have an opportunity to refute any of the arguments that they've brought forth and their lack of i mean granted we don't need normally specificity but we have no idea what they're talking about i'm having difficulty following what you think is the reversible error is it their failure to compensate him for the diabetes and hypertension is it some sort of due process error that you don't believe they thoroughly enough addressed in the opinion or in their evaluations of him is it because they used a medical reporter to also i mean not only i feel like you're throwing stuff against the wall see if anything will stick but i don't understand the exact legal argument that you're making so you're saying that they erred as a matter of law by using a report that was too all that they had run right out of the regulations say that they're if you use current medical treatments that they erred then is there any evidence that there was a change in condition from the two thousand a report that they used to the time in which they were making decisions evidently the change of condition was his control i mean it's we're i apologize we're being a little loose with the term changed when he has a continuing condition the same condition and referring to his mental health issue and if it's a concern if it's a continuing condition if he's continuing to have adjustment disorder that then no longer is adjustment disorder that is a more severe mental health issue that should have been addressed by the board if you still have a broken arm three years later it's still a broken arm that's right still a broken arm but within that time you expect it to heal not to get worse but still a broken disorder for over six months it becomes a chronic condition and guess what you don't actually have adjustment disorder you have something more severe when they are they also they are we out you asked me for what procedural errors they ma they made the error of saying ok many or most of these conditions remain and i am i mistaken i believe that the right four point one three of says that if you're not taking continuous medication for an adjustment disorder that the condition is not compensable that right for adjustment for adjustment disorder you only mental disorder on record with adjustment disorder and mr d s was not taking continuous medication and so there was a determination that was time then i think we have a harder argument to make is there a hero here have to shoulder the burden of showing that whatever the condition is it makes  conditions without any specific specificity was creating a problem for command that made him unfit for service because he wasn't who said it was his commander and his statement before the  because of his various conditions it's creating because he needs constant treatment and we don't know exactly for what conditions it's making him one thing now they can take a piece of paper from his home record say see he's got that just ten percent but when you look at the whole record ten percent for is for his one condition but when you look at the whole record it's more than ten percent and it's more than just one condition and when you go you're arguing that these other before he goes here he didn't get a pulsar awful simply just a cold let alone a complete mental health exam because nobody he was never he was never examined to determine why that was conflicting medical because they because they misapplied or didn't answer the question of the medical science he was denied due process if you're insecure about all time you maybe support the government respectfully respect request that this court affirm the decision of the trial court below the decision being challenged is a fitness determination mr d is a boy deemed unfit for military service do only to the one condition no it to medical evaluation board the medical evaluation board conducts a full physical examination of all conditions that could potentially be unfitting so he's not just evaluated for the condition from which for which he was order for a considerable period of time you typically review for version well adjustment disorder is a i'm not sure the answer to that but adjustments or is a special category because it's not who diagnosed him who said he had a history of adjustment disorder and rules out it diagnosis of depression not otherwise specified and i can get the language if i if i look at it but it's something like adjustment disorder with depressed mood ruling out depression otherwise specified in other words the depression diagnosis is expressly ruled out depression on its own secretary of their force personnel board issued their final determination april sixteenth two thousand and nine after going through two stages of the informal physical evaluation board and the  april sixteenth two thousand and nine i may have switched my date so april sixth for the final determination and ten days later was the discharge for the two thousand and eight in the that's right not the two d i just want to reiterate very quickly that was it problematic for the air force to use the two thousand and seven report given the age of that report for the limited purpose for which it was used no it was simply being used to say you we have looked at these other conditions we have looked at these other complaints we know about them we've determined that they do not render us that you have not committed any additional evidence to show what something has changed since you then my apologies if we've got misquoted but when it's a medical condition well your argument was that it was plural right but again a medical condition can be one aimin referred to conditions for all right and you said that that exclusively indicated that he could not be soley referring to the stenosis condition you said that there was a fourth it is not the onus of the military member who is earning a paycheck less and if you will in the private sector to go out and find your medical supplemental year well over six months which means it was clearly a misdiagnosis and if i may add to that the military has a history as we've seen plenty in the process of deliberately downgrading mental