APPLICANT REQUESTS: That her records be corrected to show that her separation was based on a physical disability.
APPLICANT STATES: That her command failed to process her for a physical disability separation.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 29 April 1981, the applicant enlisted in the Regular Army and continued through reenlistments until her separation. She completed her required training and was awarded MOS 31G (Tactical Communications). She was promoted to pay grade E-7, effective 1 November 1989.
Records show that the applicant had requested assignment to her final duty station to live closer to home prior to my discharge.
In March 1992, she was diagnosed as having ulcerative colitis and treatment was started. Records show that during the period 6 April-22 July 1992, she had progressive improvement in her condition and a reduction of medication until her condition was well controlled, on medication.
On 28 July 1992, a physical examination cleared her for separation with a physical profile of 111111A. The physician conducting the examination indicates that he was aware of her ulcerative colitis condition and felt that it was under satisfactory control.
On 24 September 1992, she was honorably separated, in pay grade E-7, under AR 635-200, chapter 4, based on the expiration of her term of service. She was transferred into the Army Reserve the following day. Her Report of Separation indicates that she had 11 years, 4 months and 26 days of creditable service.
On 17 June 1993, a VA Rating Decision indicates that she had been awarded a combined service-connected disability rating of 20 percent, for (1) intermittent lumbar strain, 10 percent; (2) ulcerative colitis, 10 percent; (3) tinnitus, intermittent, 0 percent; (4) exercise induced asthma, 0 percent; and (5) hemorrhoids, 0 percent.
On 2 June 1994, a VA Rating Decision increased her combined disability rating to 100 percent based an increase of her ulcerative colitis to 100 percent.
On 29 April 1997, the Physical Disability Agency (USAPDA) opined (COPY ATTACHED) that there was no evidence of error or injustice.
Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individuals medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.
Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.
Title 10, United States Code, section 1201, provides for the physical disability retirement of member who has at least 20 years of service or a disability rated 30 percent disabling.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
2. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. The evidence of record in this case does not support her contention that there was an error or injustice, since a physical examination found her medically fit for retention and cleared her for separation. Her condition was well controlled by medication. In addition, her records indicate she continued to perform her duties in a satisfactory manner until her separation from active duty.
4. The applicant voluntarily elected not to reenlist upon the expiration of her term of service.
5. The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency. It does not, in itself, establish physical unfitness for Department of the Army purposes.
6. In the absence of any evidence that she could not perform her duties, there was no basis to refer her to the US Army Physical Disability System for processing for a medical discharge.
7. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
AF | PDBR | CY2011 | PD2011-00090
She was also found unfit for dysthymic disorder and ulcerative colitis. PTSD Condition . The Board discussed at length whether ulcerative colitis was permanently service aggravated and subject to rating or existed prior to service as a condition that is known to have exacerbations that are not related to service and thus not eligible for rating.
AF | PDBR | CY2012 | PD2012-00518
Ulcerative Colitis Condition. The Board concluded therefore that no separate disability rating could be recommended for this condition. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of her prior medical separation: VASRD CODE RATING 7323 COMBINED 30% 30% UNFITTING CONDITION Ulcerative colitis The following...
AF | PDBR | CY2009 | PD2009-00474
The CI was referred to the Physical Evaluation Board (PEB), found unfit for continued military service, and separated with a 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Condition 1: Ulcerative Colitis It recommended separation from service with a rating of 10% for 7323 Ulcerative Colitis.
AF | PDBR | CY2012 | PD2012-00372
The MEB found her ulcerative colitis condition medically unacceptable, and referred her to a Physical Evaluation Board (PEB). The PEB found the ulcerative colitis condition unfitting, and rated it 10% IAW the VA Schedule for Rating Disabilities (VASRD). Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXX President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (TAPD-ZB / ), 2900...
ARMY | BCMR | CY2006 | 20060005113C070205
The applicant requests, through counsel, that her records be corrected to show that she was retained on the Temporary Disability Retired List (TDRL), rated no less than 30 percent disabled, or her records be corrected to show that she was permanently retired, rated no less than 30 percent disabled. The PEB recommended that the applicant be discharged with severance pay if otherwise qualified rated 10 percent disabled for ileocolonic Crohn’s Disease with degenerative joint disease, with...
AF | PDBR | CY2013 | PD-2013-02625
The VA rating was more accurate at the time to the symptoms of my ulcerative colitis, so I would appreciate another review of my case. The Board considered whether the ulcerative colitis condition more nearly approximated the 30% rating than the 10% rating. The Board noted the CI’s report of constant diarrhea and occasional cramping at the time of the VA C&P examination in November 2003 was not consistent with the evidence of the service treatment record and the CI’s statement to SAFPC...
ARMY | BCMR | CY2011 | 20110016930
c. The applicant reported suffering a head injury after being hit by a "C-pipe Gas Head" in section 15 of his DD Form 2807-1 (Report of Medical History), dated 19 August 2004. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The MEB referred him to a PEB for a determination of fitness for duty based on this condition.
AF | PDBR | CY2011 | PD2011-00157
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active member, SPC/E-4 (19K10 / Tank Crewman), medically separated for ulcerative colitis. He was then medically separated with a 10% combined disability rating. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2013 | PD2013 00646
The CI’s anxiety disorder, NOS and PTSD symptoms persisted and he was referred for a MEB. The Board agreed at the time of permanent separation (TDRL exit) the record adequately demonstrated that the CI had only one flare-up in 11 months,continued in treatment for UC, and was responding to treatment. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were...
AF | PDBR | CY2014 | PD-2014-00387
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVASRDstandards to the unfitting medical condition at the time of separation. She reported GI symptoms 8 months out of the year. XXXXXXXXXXXXXXXPresidentDoD Physical Disability Board of Review