ARMY | BCMR | CY2009 | 20090012323
It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. By action of the ABCMR, the applicant was placed on the TDRL and temporarily retired under the provisions of Army Regulation 635-40, chapter 4-24b(2) and Title 10, U.S. Code Section 1552 for his disabilities of (1) traumatic arthritis, 20 percent disabling, (2) chronic...
ARMY | BCMR | CY2009 | 20090004652
The applicant requests his military records be changed to show he was placed on the Retired List for physical unfitness rated 100 percent disabled. On 14 February 2005, the applicant's case was considered by a Physical Evaluation Board (PEB) while he was on the TDRL. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical...
ARMY | BCMR | CY2003 | 2003089279C070403
The applicant’s military records were not available to the Board. Although documents associated with the applicant’s 1991 Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) were not available to the Board, the separation document provided by the applicant in support of her request indicates that she was honorably discharged on 15 October 1991 by reason of physical disability. He concluded by stating that the “degree of stress associated with her current employment and in...
ARMY | BCMR | CY2009 | 20090000647
In 2006, the VA rated his disability, post-traumatic stress disorder, at 100-percent disabling. Counsel states, in effect, that the applicant's discharge should be changed from medically separated with severance pay to retirement with permanent disability. The fact that the VA increased his disability rating for post-traumatic stress disorder from 50 percent to 100 percent 5 years after the applicant was discharged from the TDRL does not show that his rating by the Army was in error.
ARMY | BCMR | CY2008 | 20080018505
As such, the PEB did not rate those conditions. Army Regulation 635-40, paragraph 7-2, provides that an individual may be placed on the TDRL (for the maximum period of 5 years which is allowed by Title 10, U.S. Code, section 1210) when it is determined that the individuals physical disability is not stable and he or she may recover and be fit for duty, or the individuals disability is not stable and the degree of severity may change within the next 5 years so as to change the disability...
ARMY | BCMR | CY2004 | 20040011085C070208
The VA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual’s civilian employability. The Army rates only conditions determined to be physically unfitting at the time of discharge, thus compensating the individual for loss of a career; while the VA may rate any service connected...
ARMY | BCMR | CY2009 | 20090009020
The applicant states he was medically separated with severance pay. While the applicant requests an increase in his military disability rating based on information from the VA because his disabilities have worsened, he has provided no evidence to show the 1998 PEB's findings were incorrect. Subsequent VA ratings, and the fact that conditions may have worsened after separation, are not evidence of PEB error.
ARMY | BCMR | CY2009 | 20090014695
The evidence of record shows that the applicant was diagnosed with "moderately severe" atrophy of upper and lower leg muscles with a 40 percent disability rating and an overall disability rating of 50 percent. The 40 percent disability rating he received is consistent with the medical evidence, the formal PEB findings, and the VASRD. Additionally, the applicant offers the fact that he was awarded a 60 percent disability percentage rating from the VA as proof that he should have received...
ARMY | BCMR | CY2008 | 20080009756
The applicant states that after her discharge the Department of Veterans Affairs (VA) increased her disability rating to 80 percent and granted her individual unemployability status. The applicant believes that since the VA has awarded her a higher disability rating than what she was given by the Army, her rating by the Army is in error. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY1996 | 9608223C070209
APPLICANT STATES: That she should have been rated for all her medical conditions, not just her headaches. The PEB, after finding her fit for duty twice, referred her to a formal PEB which found her unfit for duty due to her vascular and tension headaches and recommended that she be discharged with severance pay, rated 10 percent disabled. The applicants rating by the VA does not indicate that her rating by the Army is in error.