APPLICANT REQUESTS: Disability retirement or extension of her service to reflect completion of 6 months of active service.
APPLICANT STATES: She should have been placed on the TDRL (Temporary Disability Retired List) and rated at 30 percent disabled or retained on active duty for 6 additional days for entitlement to separation pay.
EVIDENCE OF RECORD: The applicant's military records show:
She entered active duty on 22 July 1994. On 16 August 1994, while undergoing basic training she complained of right knee pain.
After several additional consultations she appeared before a Medical Evaluation Board (MEB) where it was determined her pain was associated with a healing stress fracture of the right inferior pubic ramus. The MEB noted that prior to her entry on active duty she was a cross-country runner, running approximately five to six miles three to four times a week. It concluded that if the soldier wished to remain in the military, she would again have to engage in repetitive activities inherent to military service with the likelihood that the right inferior pubic ramus fracture would either become symptomatic or she would develop other stress fractures and therefore recommended referral to a Physical Evaluation Board (PEB). The applicant concurred with the findings and recommendations of the MEB.
On 2 December 1994 an informal PEB concluded her condition was unfitting with a rating of 10 percent under VA Schedule for Rating Disability (VASRD) Code 5255/5003. The applicant concurred with the findings and recommendation of the PEB and waived her right to a formal hearing.
On 13 January 1995 the applicant was separated from active duty by reason of disability but denied separation pay because she had less than 6 months of active Federal service. Subsequent to her separation the applicant was granted a 10 percent disability rating by the VA for status, post right inferior pubic ramus fracture.
Army Regulation 635-40 states that the TDRL is used in the nature of a pending list. It provides a safeguard for the Government against permanently retiring a soldier who can later fully recover, or nearly recover, from the disability causing him or her to be unfit. Conversely, the TDRL safeguards the solider from being permanently retired with a condition that may reasonably be expected to develop into a more serious permanent disability. Requirements for placement on the TDRL are the same as for permanent retirement. The soldier must be unfit to perform the duties of his or her office, grade, rank, or rating at the time of evaluation. The disability must be rated at a minimum of 30 percent and the condition must be determined to be temporary or unstable. In accordance with the VASRD there can be no rating higher than 20 percent.
Army Regulation 635-40 also states that in computing pay for soldiers with less than 20 years active service and a disability percentage of less than 30 percent, figure
2 months basic pay for every year of active duty with a maximum of 12 years service. Consider 6 months or more as a whole year for computing years of service as a multiplier. A soldier with less than 6 months service cannot receive severance pay. The soldier may, however, apply to the VA for disability compensation. As a matter of information had the applicant completed 6 months of active service she would have been entitled to approximately $1500.00 in separation pay. However, her Army separation pay would have been recouped upon her entitlement to VA disability.
In processing this application an advisory opinion (COPY ATTACHED) was provided by the Physical Disability Agency (PDA). The opinion noted the applicant concurred in all aspects of her case, was processed in a normal fashion and did not meet the statutory requirements of at least six months active duty to authorize compensation. The opinion recommended the applicants military records not be changed.
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. The applicant's disability was properly rated in accordance with the VA Schedule for Rating Disabilities. Her condition did not warrant a rating higher than 10 percent and as such there was no provision for placing her name on the TDRL or rating her disability at 30 percent. Her subsequent rating of 10 percent by the VA confirms the extent of her disability.
2. Although the applicant would have been entitled to separation pay had she completed 6 or more months of active Federal service the fact that she was award VA compensation would have resulted in recoupment by the VA of any Army separation pay. Extending the applicants service for the purpose of entitlement to separation pay would not result in any additional benefit to the applicant.
3. 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. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. 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 | CY2012 | PD 2012 01437
Post-Separation) All Effective Date 20020716 Condition Code Rating Condition Code Rating Exam Bilateral Inferior Pubic Ramus Stress Fractures, X- Ray Verified with Other Lower Extremity Stress Reactions on Bone Scan 5299-5010 0% Stress Fracture Left Tibia 5299-5262 0% 20021217 Stress Fracture Right Tibia 5299-5262 0% 20021217 Bilateral Pelvic Stress Fractures 5299-5255 Non Service Connected (NSC) 20021217 .No Additional MEB/PEB Entries. The PEB combined the bilateral inferior pubic ramus...
AF | PDBR | CY2012 | PD-2012-00978
The Board noted the otherwise normal examinations and normal gait and concluded the unfitting pelvic ramus stress fracture condition most nearly approximated the 0% rating adjudicated by the VA at the time of separation. The Board considered the rating for the unfitting right foot metatarsal stress fractures under the codes used by the PEB and VA (5279 and 5284 respectively) as well as 5283, malunion of metatarsal bones. In the matter of the contended stress fracture right first, second...
AF | PDBR | CY2012 | PD 2012 01585
I got a rate of 10% for one of the condition. The Board noted the PEB combined the left inferior pubis fracture condition and multiple stress fractures of the lower extremities condition and rated, as a single unfitting condition, at 0%, coded 5022. The Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved IAW VASRD §4.71a.
AF | PDBR | CY2010 | PD2010-01121
After due deliberation, considering all of the evidence, the Board recommends a change in the PEB’s TDRL entry rating to 40% and no change in the permanent separation rating at TDRL exit of 10% coded as 5235 for the T12 Burst Fx. At the MEB TDRL evaluation 20 months after TDRL entry and 9 months prior to TDRL exit, the examiner noted that the CI had tenderness over the right thigh joints and flexing the right hip greater than 90 degrees caused her pain in both buttocks. In the matter of...
AF | PDBR | CY2012 | PD 2012 01711
In the matter of the pelvic stress fracture condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CIs disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING Stress Fracture of Inferior Pubic Ramus 5099-5022 0% COMBINED 0% The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20120717,...
AF | PDBR | CY2014 | PD-2014-01698
Post-Separation)ConditionCodeRatingConditionCodeRatingExam Right Inferior Pubic Ramus Stress Fracture5099-50030%Residuals, Right Pelvis Stress Fracture w/ Lumbosacral Strain5299-523620%20050811Other x 0 (Not in Scope)Other x 020050811 Rating: 0%Rating: 20% *Derived from VA Rating Decision (VARD) dated 20050920 (most proximate to date of separation (DOS)) ANALYSIS SUMMARY :IAW DoDI 6040.44, the Board’s authority is limited to making recommendations on correcting disability determinations. ...
AF | PDBR | CY2014 | PD-2014-02381
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. At the time of separation, the CI’s right hip condition was not compensable above the 10% level based on the evidence present for review. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department...
AF | PDBR | CY2013 | PD-2013-02405
The groin condition, characterized as “left inferior pubic ramus stress fracture,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.One other condition was submitted by the MEB. RATING COMPARISON : Service IPEB – Dated 20041103VA* - (13 Mos.Post-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Left Groin Pain Secondary to Inferior Pubic Ramus Stress Fracture5099-50030%Inferior Pubic Ramus5294NSC20051221Chronic Left Groin5299-5294NSC20051221Other x 0 (Not in...
AF | PDBR | CY2012 | PD2012 00950
The hip condition, characterized as right inferior pubic ramus stress fracture,was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.The PEBadjudicated chronic right groin and hip pain secondary to stress fracture of the inferior pubic ramus as unfitting, rated 0%with likely application of the US Army Physical Disability Agency (USAPDA) pain policy and theVeterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no...
AF | PDBR | CY2012 | PD2012-00866
Multifactorial left hip pain refers to pubic ramus stress fracture, chronic tendinosis in the thigh adductors and inguinal and sacroiliac ligaments. All members agreed there was evidence of painful motion and decreased function warranting a rating of 10% with application of §4.59 and §4.40. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: UNFITTING CONDITION Multifactorial Left Hip...