CG | BCMR | Disability Cases | 1996-063
Finally, the applicant asked the Board to order the Coast Guard to appoint him counsel from the Coast Guard Physical Disability Evaluation Board to repre- sent him in this matter. The applicant submitted four affidavits of Coast Guard officers and copies VIEWS OF THE COAST GUARD Advisory Opinion of the Chief Counsel On June 6, 1997, the Chief Counsel of the Coast Guard recommended that the Board deny the applicant the requested relief. It also states that members such as the applicant, who...
CG | BCMR | Disability Cases | 1997-092
However, Dr. x, Dr. x, and Dr. x, Coast Guard doctors who examined the applicant many times in 199x and 199x, diagnosed him as having both a personality disorder and a depressive mood disorder. Dr. x diagnosed him as having both dysthymia (a depressive mood disorder) and a personality disorder. Therefore, the Board finds that, at the time of his discharge, the applicant had recently been diagnosed by Coast Guard medical personnel with both (a) a depressive mood disorder (dysthymia), which...
CG | BCMR | Disability Cases | 1997-115
His diagnoses on discharge were reported as follows: “1. VIEWS OF THE COAST GUARD On August 18, 1999, the Chief Counsel of the Coast Guard recommended that the Board deny the applicant the requested relief. 1995), indicates that the Commandant’s decision was justified because the applicant “was not treated or rated for [paranoid schizophrenia] while serving on active duty.” The Chief Counsel also stated that the apparent contradiction between the VA’s findings and those of the Coast Guard...
CG | BCMR | Disability Cases | 1997-163
In fact, the Applicant was medically qualified to re- enlist if she so chose.” In addition, the Chief Counsel stated that, because the physician who performed her RELAD physical did not question the applicant’s fitness for duty, she was not entitled to a medical board evaluation in accordance with the Physical Disability Evaluation System (PDES). According to Section 3-F-2 of the Medical Manual, if a member is found to have a “disqualifying” physical impairment during a medical...
CG | BCMR | Disability Cases | 1998-027
APPLICANT’S ALLEGATIONS The applicant alleged that in determining her disability rating, the PEB “did not take into consideration all [her] disabilities upon discharge, especially the neurocognitive dysfunction, which was not diagnosed in service due to an incomplete examination.” She alleged that she had an attention deficit disorder (ADD), which should have been diagnosed prior to her discharge. The PEB found the applicant unfit to perform the duties of her rating by reason of Dysthymic...
CG | BCMR | Disability Cases | 1998-070
Under the provisions of the PDES Manual, CGPC need only determine if the Applicant had adequately performed the duties of his office until such time when he was referred for physical evaluation.” Regarding the applicant’s allegation that he should have appeared before an IMB and been processed for a physical disability retirement, the Chief Coun- sel stated that the Coast Guard had no duty to do so under Article 12.C.3.b.1. These evaluations included looking at his carpal tunnel syndrome,...
CG | BCMR | Disability Cases | 1999-043
APPLICANT’S ALLEGATIONS The applicant alleged that at the time he retired, he suffered from pustular psoriasis on his feet and had recently undergone back surgery, a spinal fusion laminectomy of L4 and L5 with bone grafting, at xxxxxx. states that the Coast Guard shall convene a medical board for members with disqualifying impairments who are being separated for reasons other than a disability only if the requirements of Article 2.C.2.b. It also states that members who are being processed...
CG | BCMR | Disability Cases | 1999-050
PSYCHIATRIC DIAGNOSIS: DSM IV Axis I Axis II Axis III Axis IV (309.28) Adjustment disorder with anxious and depressed mood, manifested by severe dyspho- ria, feelings of hopelessness and helplessness and vague and fleeting suicidal ideation. On July 11, 199x, the applicant’s commanding officer recommended that she be discharged “by reason of convenience of the government due to medically determined adjustment disorder (a condition, not a physical disability which interferes with performance...
CG | BCMR | Disability Cases | 1999-068
APPLICANT’S ALLEGATIONS The applicant stated that he voluntarily enlisted on November 15, 196x, and had “a good time” in the Coast Guard until a chief warrant officer (CWO) at his unit in xxxxxxx, asked for a part-time volunteer to work as a cook. On March 8, 196x, the CWO forwarded the report of the Medical Board to the Commander of the xxxxx Coast Guard District, approving the findings and recommending that the applicant be administratively discharged. He stated that he was telling the...
CG | BCMR | Disability Cases | 1999-071
of the Physical Disability Evaluation (PDES) Manual, the Chief Counsel stated that “[t]he law that provides for physical disability retirement or separation and associated benefits (Chapter 61, Title 10, United States Code) is designed to compensate members whose military service is ter- minated due to a service connected disability, and to prevent the arbitrary sepa- ration of individuals who incur disabling injuries.” Furthermore, the Chief Counsel argued, under 10 U.S.C. It also states...
CG | BCMR | Disability Cases | 1999-127
This final decision, dated February 10, 2000, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxx on active duty in the Coast Guard Reserve during World War II, asked the Board to upgrade the character of his discharge from “under honorable conditions” to honorable. Article 583 of the 1940 Regulations for the United States Coast Guard states that “[t]he Commandant, without recourse to a board, may direct the dis- charge of an enlisted man under honorable conditions for the...
CG | BCMR | Disability Cases | 2000-082
I never even met the medical officer in person, let alone received a "thorough physical examination" conducted by him as paragraph 3-F-1 [of the Physical Disability Evaluation Manual (PDES)] requires, and though signed by two medical officers, only one was involved in the actual process of producing the board. Proposed Changes to the Medical Manual Due to the efforts of the applicant, the Director of the office of Health and Safety has recommended that the Commandant include in the Medical...
CG | BCMR | Disability Cases | 2000-086
VIEWS OF THE COAST GUARD On September 22, 2000, the Chief Counsel of the Coast Guard recommended that the Board deny the applicant’s request for its untimeliness and lack of merit. According to Article 17-C-5, a CPEB was required to review the IMB report and make a finding as to whether the member was (1) fit for duty, (2) unfit for duty by rea- son of a condition or defect that was not a disability, or (3) unfit for duty by reason of a physical disability. The Board finds that Coast...
CG | BCMR | Disability Cases | 2000-095
This final decision, dated March 7, 2001, is signed by the three duly appointed REQUEST FOR RELIEF The applicant, a former xxxxxxx in the Coast Guard, asked the Board to correct his military record to show that he was medically retired from the Coast Guard with a 50-percent disability rate on xxxxxxx, instead of being separated from the Coast Guard with severance pay due to a 10-percent disability rating. If the member fails to do so within 15 working days from the date of written...
CG | BCMR | Disability Cases | 2000-104
He also asked the Board to correct block 14 to show that he attended two educational programs while on active duty: “Covey Training Seven Habits of Highly Effective People” and “Covey Leadership Training—Principle-Centered Leadership.” In support of his application, he submitted a copy of the citation for the medal and copies of two certificates from the Covey Leadership Center indicating that he successfully completed the courses. The form corrected the appli- cant’s DD 214 to show that he...
CG | BCMR | Disability Cases | 2000-142
of the Personnel Manual (COMDTINST M1000.6A) authorizes enlisted personnel to be administratively discharged due to unsuit- ability if they have been diagnosed with one of the personality disorders listed in Chapter 5 of the Medical Manual. (3) of the Medical Manual, depressive mood disor- ders qualify as physical impairments, and members diagnosed with one should be evaluated by an IMB in accordance with the Physical Disability Evaluation System (PDES) Manual. (2) of the PDES Manual,...
CG | BCMR | Disability Cases | 2000-160
He stated that the “uncontroverted fact is that [he] was found to be ‘in the Line of Duty and the injury was not due to misconduct.’” The applicant alleged that he did not know when he underwent a physical examination on May 11, 1998, that it was his discharge physical and that he did not see the report until June 12, 1998,1 after he had already been discharged. He alleged that there is no record that the Coast Guard processed his objection. The disability must render the member unfit to...
CG | BCMR | Disability Cases | 2000-190
Based on its review of the applicant’s records, the DVA has apparently denied “service connection” for his hernias, knee problems, “chronic” back pain, ulcers, and hearing loss, for the reasons stated in the DVA’s Rating Decisions. He has not proved that all of the medical conditions he suffered and medical treatments he received while serving on active duty were not accurately recorded in his military medical file. The applicant also asked the Board for “disabilities,” which may...
CG | BCMR | Disability Cases | 2001-027
On January 29, 1999, the Commandant of the Coast Guard took final action and approved the applicant’s discharge due to disability with a 20% disability rating for “lumbosacral strain; unilateral, in standing position.” Department of Veterans Affairs (DVA) Rating Decision On December 8, 1999, after the applicant’s discharge from the Coast Guard, the DVA granted the applicant a 20% disability rating for “low back pain [and] degenerative disc disease [of the] lumbar spine.” (Some of the...
CG | BCMR | Disability Cases | 2001-028
His Coast Guard active duty service was terminated on xxxxxxxxxxxxxxxx, with a general discharge under honorable conditions because of misconduct due to fraudulent enlistment.1 Prior to enlisting in the Coast Guard, the applicant had served for several years in the Air Force. The fraudulent enlistment is the only Coast Guard service for the applicant. 328- 85, the applicant requested to have all evidence of his Coast Guard enlistment and discharge removed from his military record, which...
CG | BCMR | Disability Cases | 2001-036
On , the applicant was discharged under Article 12.B.12. Under Article 12.B.6.d.3., if the physical examination indicates that the member has a permanent, disqualifying physical impairment, a medical board must be convened and the member must be retained in service until processing under the PDES is complete. It is unclear from the record whether the applicant’s back pain would have begun and would have disabled her as much if she had never been enlisted in the Coast Guard.
CG | BCMR | Disability Cases | 2001-049
Applicant's Request for Relief The applicant asked the Board to correct his record to show that he was discharged from the Coast Guard due to physical disability (high blood pressure) that was incurred on or aggravated during a period of active duty. The applicant alleged that neither his pre-enlistment physical nor a subsequent medical evaluation determined that he was suffering from high blood pressure. The Chief Counsel concluded his comments with the following: “[The] applicant has...
CG | BCMR | Disability Cases | 2001-058
At the time the applicant was placed on the PDRL, the Coast Guard determined that she was 20% disabled due to intervertebral disc syndrome and 10% disabled due to “sciatic nerve, neuralgia, secondary to nerve damage caused by unnatural walking from bone spurs prior to corrective surgery.” The applicant’s combined disability rating was 30%, and therefore, she was permanently retired from the Coast Guard due to physical disability. In this regard CGPC stated the following: “[The medical...
CG | BCMR | Disability Cases | 2001-067
The applicant was discharged from the hospital on January 13, 1978 fit for light duty. The BCMR has jurisdiction of the case pursuant to section 1552 of title 10, United “you have been examined and found physically fit for separation from active duty. The fact that the applicant has received a disability rating from the DVA approximately three years after his discharge from the Coast Guard does not mean that the Coast Guard committed an error or injustice by discharging the applicant due...
CG | BCMR | Disability Cases | 2001-091
The applicant stated that a Naval psychiatrist, who evaluated him in 199X at the request of the Coast Guard, supports his allegation that his Bipolar disease was incurred on and aggravated by his Coast Guard active duty service. He stated that the applicant needed to be "medically boarded from the Coast Guard" and recommended a medical board, which should have occurred while the applicant was on active duty. In recent statements on behalf of the applicant, CDR H (the flight surgeon), as...
CG | BCMR | Disability Cases | 2001-111
1995), in determining whether it is in the interest of justice to waive the statute of limitations, the Board must consider the reasons for the applicant’s delay and “make a cursory review of the potential merits of the claim.” In this case, he argued, the Board should deny the request for untimeliness because the applicant “has failed to offer substantial evidence that the Coast Guard committed either an error or injustice by not referring his case to a physical evaluation board.” The Chief...
CG | BCMR | Disability Cases | 2002-039
The applicant alleged that prior to his enlistment and after his discharge, he had never been told by any physician that he had a condition that existed since his childhood. Furthermore, the record indicates that after a review of the applicant’s medical records, the Medical Board of Survey determined that the applicant’s disability existed prior to his enlistment. The record shows that the Coast Guard completed the Medical Board of Survey and that the applicant agreed with the reason for...
CG | BCMR | Disability Cases | 2002-051
When the applicant underwent her March 19XX TDRL periodic examination, the Medical Board concluded that “her condition continues to interfere with performing her duties,” and that ”the risk of having a basilar migraine would prevent her from reentering the Coast Guard at [the current time].” Furthermore, the CPEB findings, which provided favorable support to the Medical Board recommendation, concluded that the applicant was both mentally and physically unfit and recommended her separation...
CG | BCMR | Disability Cases | 2002-054
Under Chapter 5 of the Coast Guard Medical Manual, bipolar disorders are considered physical disabilities disqualifying for military service. Because the applicant has proved by a preponderance of the evidence that he was suffering from bipolar disorder when he was discharged for shirking in May 19xx and because his bipolar disorder likely caused or greatly contributed to his failure to drill, the Board finds that the applicant’s discharge should be upgraded to honorable. I adopt the...
CG | BCMR | Disability Cases | 2002-056
On April 25, 1973, the Chief Counsel reviewed the report of the CPEB and stated that, to be consistent with his April 17th determination about the findings of the Board of Investigation, he could not agree with the CPEB’s conclusion that the applicant’s injuries were caused by “misconduct.” However, he stated, since the applicant was AWOL at the time and his injuries were clearly not incurred in the line of duty, there was no impediment to his being discharged without severance pay or...
CG | BCMR | Disability Cases | 2002-072
He stated that DVA ratings are not determinative in military disability cases. Thus, contrary to the Coast Guard’s contention that the medical evidence supports the thirty percent disability rating, the Board finds that evidence in the medical record demonstrates that the applicant is entitled to a fifty percent rating for major depressive disorder. However, to the extent that the Coast Guard uses DOD Instruction 1339.32 to “supplement the terminology” for impairment, the applicant’s...
CG | BCMR | Disability Cases | 2002-126
This final decision, dated May 22, 2003, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that he was dis- charged from the Coast Guard in 1971, instead of being placed on the temporary dis- ability retired list (TDRL) and permanently retired by reason of physical disability in 1976 with a 30 percent disability rating. The applicant was permanently retired from the Coast Guard on March 8, 1976. VIEWS OF...
CG | BCMR | Disability Cases | 2002-140
On October 28, 199x, the CPEB reviewed the applicant’s case and recommended that he receive a 20-percent disability rating for his chronic lower back pain, which it analogized to VASRD codes 5299 and 5293.3 The CPEB recommended that he be sepa- rated with severance pay.4 On November 12, 199x, the applicant was informed of the CPEB’s findings and recommendation. He also stated that at the time of the FPEB, only the applicant’s back condition made him unfit for duty and so only the back...
CG | BCMR | Disability Cases | 2002-147
The limited duty medical board report stated that the applicant suffered with bilateral knee pain for several years and that x-rays showed moderated degenerative joint disease of the left knee and mild degenerative joint disease of the right knee. Thus, while the DVA rated the applicant's bilateral degenerative arthritis and knee instability separately, the Coast Guard rated them as one disability. Accordingly, it was appropriate for the Coast Guard to rate the applicant for only...
CG | BCMR | Disability Cases | 2002-165
If the military judge determines that the member lacks the mental capacity to stand trial, the member may be administratively discharged because of the mental disability. However, the record indicates that, at the time of her discharge in August 1989, the applicant had not complained of or received medication for any psy- chotic symptoms since November 1987. The board’s evaluation states that Applicant was awaiting court martial on charges of arson, cocaine abuse and unauthorized absences...
CG | BCMR | Disability Cases | 2002-175
On April 7, 1992, he enlisted in the Coast Guard and served on active duty until May 5, 199x, the dated he was placed on the temporary disability retired list (TDRL) 3 with a 30% disability rating for pain and limitation of motion associated with degenerative disease of the cervical and thoracic spine. On March 31, 199x, the FPEB met and found the applicant unfit to perform the duties of his rate due to severe pain and degenerative disc disease of the thoracic and cervical spine and...
CG | BCMR | Disability Cases | 2003-004
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. How- ever, he knew or should have known that his Notice of Separation did not men- tion Greenland on the date of his discharge in 1946, when he received the notice. Therefore, the Board finds no reason to waive the statute of limitations with respect to the applicant’s request that the Board correct his Notice of Separation to show that he...
CG | BCMR | Disability Cases | 2003-022
CGPC argued that the applicant did not meet the requirements of this section of the law because he was not in the SELRES at the time of the request and significant important medical evidence is dated after the applicant became a member of the IRR on June 1, 19xx. It provided the following (a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of...
CG | BCMR | Disability Cases | 2003-068
On February 15, 1967, Dr. G, a chief medical officer of the United States Public Health Service (USPHS), approved the findings of the Board of Medical Survey. Article 12-B-10(c)(2) states that “[w]hen psychiatric considerations are involved, the medical officer should be a psychiatrist, when available.” It further provides that the medical officer will submit a narrative summary, which describes the mental and physical conditions of the member, and a statement “to the effect that the...
CG | BCMR | Disability Cases | 2003-069
This final decision, dated December 18, 2003, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former xxxxxxxxxxxxxxxxxxxx, asked the Board to correct her record to show that she was medically retired from the Coast Guard on January 9, 2002, with a 30% combined disability rating, including a 10% rating for neuritis of the left external popliteal nerve and a 20% rating for lumbar spondylosis, in accordance with the Veterans’ Affairs Schedule for Rating...
CG | BCMR | Disability Cases | 2003-085
The DVA found his cancer to be service-connected and rated him as 100% disabled. In this case, the Board finds that the applicant was clearly able to perform his duties prior to his retirement, but his service-connected condition made him unemployable after his retirement. § 1414 to allow disabled retired veterans to receive concurrent retirement pay and disability benefits from the DVA without any offset.11 However, the 10 See Parthemore v. United States, 1 Cl.
CG | BCMR | Disability Cases | 2003-087
He stated that on May 17, 2002, the Department of Veterans Affairs (DVA) rated his condition as 40% disabling under the Veterans Administration Schedule for Rating Disabilities (VASRD) 2 code 5293 (Intervertebral Disc Syndrome) based on the same medical evidence the Coast Guard used for its 10% disability rating under VASRD code 5295. Article 9.A.14 of COMDTINST M1850.2C (Physical Disability Evaluation System (PDES) Manual) instructs participants in the PDES to use great care in selecting a...
CG | BCMR | Disability Cases | 2003-090
Due to Applicant’s retirement on 01 July 2002, no entries currently exist in DEERS regarding his status during the relevant time period; therefore, there is nothing for the Coast Guard to correct.” APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD The Judge Advocate General further stated that the “Coast Guard’s records support Applicant’s assertions regarding his status as a member of the SELRES during the period 01 February 02 to 30 June 2002. Applicant should be able to use his...
CG | BCMR | Disability Cases | 2003-133
The patient is currently without any other complaints at this time.” The doctor noted that the applicant had “chronic hepatitis-C with a histologic response to combination therapy, but the patient is unable to tolerate therapy long term due to side effects” and that he and another doctor had recommended a full year of treatment with pegylated Interferon and Rebetron. CGPC also alleged that “the medical findings and recommendations of each of the Applicant’s CPEBs were based on an...
CG | BCMR | Disability Cases | 2004-053
CGPC stated that if the applicant was found to have a disabling condition, the Coast Guard would convene an IMB and, if the IMB deter- mined that the applicant was not fit for duty on June 30, 2002, the Coast Guard would process the applicant in accordance with the PDES “for possible separation or retire- ment due to physical disability.” CGPC noted that if the IMB found that the applicant was fit for duty on June 30, 2002, but is no longer fit for duty, he would be processed for discharge...
CG | BCMR | Disability Cases | 2004-056
The same physician’s assistant who had conducted the applicant’s separation physical noted that there was some tenderness around the spine but that the applicant had a free range of motion without pain and “5/5 strength.” He took xrays; prescribed Motrin and Flexeril for the pain; ordered an MRI, which he noted that the cutter’s health services technician “will coordinate”; and noted that the appli- cant was FFFD (fit for full duty). of the Medical Manual states that the physical standards...
CG | BCMR | Disability Cases | 2004-075
He noted that evaluation by a medical board was “probably indicated” because of her hip condition. of the Personnel Manual, the applicant’s discharge physical examination dated June 29, 2001, was “technically operative at the time of her separation in July 2002, [but] it obviously did not take into account the injuries she suffered on August 12, 2001, and the provisions of the PDES Manual providing a presumption of fitness for duty when a member undergoing separation processing has...
CG | BCMR | Disability Cases | 2004-088
He was discharged from the Coast Guard on January 14, 2003, by reason of physical disability due to Crohn's disease rated as 10 percent disabling, for which he received severance pay. I can find no evidence at this time that he has Crohn's disease. § 1214 states that “[n]o member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.” Physical Disability Evaluation System (PDES) Manual (COMDTINST M1850.2C) Article 2.B.c.2.
CG | BCMR | Disability Cases | 2004-124
§ 1201 provides that a member who is found to be “unfit to per- form the duties of the member’s office, grade, rank, or rating because of physical dis- ability incurred while entitled to basic pay” may be retired if the disability is (1) perma- nent and stable, (2) not a result of misconduct, and (3) for members with less than 20 years of service, “at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the...
CG | BCMR | Disability Cases | 2004-128
This final decision, dated March 17, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a Reservist who injured his wrist while plowing snow on base on November 19, 2000, argued that, following his injury, his command should have placed him on active duty so that he could be processed under the Coast Guard’s Physical Dis- ability Evaluation System (PDES) for a disability retirement. After the applicant was found to be NFFD on May 9, 2002, he “was...