APPLICANT REQUESTS: In effect, that he be reinstated on active duty.
APPLICANT STATES: That he never went in front of a medical evaluation board (MEB) as his records indicate, he was never given any counsel to advise him in conjunction with his discharge, and he never indicated that he wanted a discharge. The extent of his separation processing consisted of being told that he could not remain in the Army and being directed to sign certain documents.
In support of his application he submits treatment records from his civilian physician who diagnosed the applicant as having mild to moderate kyphosis (abnormally increased convexity in the curvature of the thoracic spine as viewed from the side; hunchback), and right thoracic scoliosis secondary to pelvic obliquity (an appreciable lateral deviation in the normally straight vertical line of the spine occurring in the chest area caused by slanted pelvic bones). The physician opines that the applicants two conditions should not restrict him in any way in his physical activities.
EVIDENCE OF RECORD: The applicant's military personnel and medical records show:
He enlisted in the Regular Army on 15 July 1994 and entered into basic combat training.
On 9 August 1994 the applicant was considered by an MEB that determined he was medically disqualified due to scoliosis and kyphosis of moderate to severe severity, and that those conditions existed prior to his entry on active duty. The applicant signed the MEB proceedings in the block which indicated that he agreed with the MEBs findings.
On the same date, the applicant signed a request for discharge due to his physical disabilities. In that request he stated that he had been informed and understood that he was entitled to have his case considered by a physical evaluation board (PEB), but wished to waive that right.
His request was approved and he was given an uncharacterized discharge on 23 August 1994 by reason of disability, existed prior to service, medical board. He had a total of 1 month and 9 days of service.
Army Regulation 635-40, chapter 5, provides for the voluntary discharge of soldiers who have conditions which are medically disqualifying for retention. The disqualifying conditions must be found to have existed prior to the soldiers entry on active duty, and must not have been aggravated by military service. Soldiers being considered for discharge under this authority are required to be informed of their right to have a PEB consider their case.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant agreed with the finding of the MEB that he was medically disqualified due to a condition which existed prior to his entry on active duty, he waived consideration of his case by a PEB, and he requested discharge due to that condition. Therefore, his administrative discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. Whether the applicant physically stood in front of his MEB is immaterial. The MEB had enough evidence of record to find the applicant medically disqualified and to determine that the condition existed prior to his entry on active duty.
3. The applicant has not submitted any documentation which would show that he was coerced into signing his request for discharge. Without such documentation, the Board must presume that he read and agreed with the documents that he signed.
4. The physicians statement provided by the applicant affirms the diagnosis of the military physicians. The civilian physicians opinion that the applicants conditions will not restrict his physical activities is noted. However, that opinion does not overcome the findings of military physicians who determined that the applicant was medically unfit to endure the rigors of military training.
5. In view of the preceding, 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 00723
The CI was medically separated with a 10% disability rating. Post-Separation) All Effective Date 20020412 Condition Code Rating Condition Code Rating Exam Chronic Thoracic Back Pain w/ Scheuermann's Kyphosis 5285-5299 5295 10% Scheuermanns Disease of The Thoracic Spine 5285-5291 10%* 20020304 .No Additional MEB/PEB Entries. Chronic Thoracic Back Pain with Scheuermann's Kyphosis Condition.
AF | PDBR | CY2011 | PD2011-00761
The VA separately coded and rated the cervical and thoracolumbar spine conditions at 20% each based on the VA exam which indicated much decreased ROMs of the spine. The MEB and PEB coded the CI’s chest pain as due to the CI’s spine condition. ); and an unfitting chest pain condition, coded 5399-5321 and rated 10% (IAW VASRD §4.73).
AF | PDBR | CY2013 | PD-2013-01475
“Recurrent thoracic back pain attributed to moderate (12 degree) scoliosis, apreexisting developmental abnormality” was determined to be unfitting but unratable due toexisted prior to service(EPTS) without permanent service aggravation.The CI made no appeals and was medically separated. The examination was normal and X-rays showed mild scoliosis.According to the CI on her application, the pain was treated successfully after separation by chiropractic and injections.The Board directedits...
ARMY | BCMR | CY2013 | 20130010752
This reported injury is supported by later evaluations in her service medical records. Despite treatment, Soldier has not been able to perform full duty. In a time the Army is worrying about toxic officers, the applicant is the kind of officer the Army needs and wants.
AF | PDBR | CY2012 | PD2012-00570
Three months prior to separation, the PEB adjudicated the mechanical LBP post MVA condition as unfitting, rated 10%, with application of the DoD Instruction 1332.39 and Application of the Veterans Administration Schedule for Rating Disabilities (VASRD) under spine rules applicable on or before 23 September 2002. At the MEB exam, 5 months before separation, the CI reported pain‐“pains that radiate down the leg from back pains” on the DD 2807 without elaboration in the NARSUM. Service...
AF | PDBR | CY2011 | PD2011-01045
The Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. Neurosurgical notes do not indicate whether the scoliosis noted on x-rays was developmental in nature, due to the L1 vertebral fracture, or due to muscle spasm. Based on this ROM examination, the VA granted an additional 10% rating for back pain in accordance with the VASRD general rating formula for...
AF | PDBR | CY2012 | PD2012 01497
The MEB also forwarded right shoulder pain, hypertension, gastroesophageal reflux disease (GERD) and hypercholesterolemia, identified in the rating chart below, as not disqualifying.The Physical Evaluation Board (PEB) adjudicated the chronic LBP conditionas unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to meet retention standards and therefore to be not unfittingand not ratable.The CI made no...
AF | PDBR | CY2012 | PD2012 00524
The MEB also forwarded right shoulder pain, hypertension, gastroesophageal reflux disease (GERD) and hypercholesterolemia, identified in the rating chart below, as not disqualifying.The Physical Evaluation Board (PEB) adjudicated the chronic LBP conditionas unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to meet retention standards and therefore to be not unfittingand not ratable.The CI made no...
AF | PDBR | CY2011 | PD2011-00484
The Board agreed there was no additional rating to consider for the thoracic scoliosis as this was subsumed in the general rating formula for diseases and injuries of the spine and IAW VASRD §4.14 the evaluation of the same disability under various diagnoses is to be avoided. All evidence considered, there is not reasonable doubt in the CI’s favor supporting a change from the PEB’s rating decision for the thoracolumbar spine condition. The Board therefore has no reasonable basis for...
AF | PDBR | CY2014 | PD-2014-01040
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