| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Charles Gainor | Member | |
| Mr. Joe R. Schroeder | Member |
APPLICANT REQUESTS: In effect, that he be medically retired with pay and benefits, in lieu of being discharged by reason of physical disability with severance pay.
APPLICANT STATES: In effect, that he should be compensated for the mistake the Army made by retiring him without pay. He contends that he is entitled to
18 years of back severance pay since his life was ruined by another soldier. He states that he was injured during a training exercise when another soldier threw a grenade and knocked him down. He also contends that his separation with severance pay (10%) was wrong because no one explained to him about the injury or disability proceedings. In support of his application, he submits three letters of explanation, two undated and one dated 29 July 2001.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 27 March 1979 and trained as a cannon crewman.
The applicant’s medical records contain a Clinical Record, dated 13 September 1979, which shows the applicant reported to medical authorities that he sustained an injury to his right hip five months earlier when he landed prone after throwing a grenade. A Narrative Summary, dated 24 February 1983, shows the applicant injured his right hip during basic combat training in 1979 while throwing a grenade and falling onto the hip.
On 24 February 1983 a Medical Evaluation Board (MEB) found the applicant medically unfit due to trochanter bursitis, right hip. The findings and recommendations of the Board were approved on 2 March 1983. The MEB recommended referral to a Physical Evaluation Board (PEB).
On 7 March 1983 a PEB found the applicant physically unfit due to trochanter bursitis, right hip, mild, with satisfactory evidence of painful motion, VA Schedule for Rating Disabilities (VASRD) Code 5019-5003. The PEB recommended a rating of 10% and that the applicant be separated from the service with severance pay. On 21 March 1983 the applicant did not concur with the findings and recommendations and demanded a formal hearing.
On 14 April 1983 the applicant elected to accept the results of the PEB and withdrew his request for a formal PEB.
On 19 April 1983 the U.S. Army Physical Disability Agency approved the recommended findings of the PEB.
Accordingly, the applicant was honorably discharged on 17 May 1983 under the provisions of Army Regulation 635-40, paragraph 4-24e(3), for physical disability with severance pay (10%) with entitlement to $6,837.60. He had served 4 years, 1 month and 21 days of total active service.
Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.
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.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board considered the applicant’s contention that he was injured during a training exercise when another soldier threw a grenade which knocked him down. The Board also considered the applicant’s contention that his life was ruined by this soldier. However, medical evidence of record shows the applicant reported to medical authorities that he injured his right hip during basic combat training in 1979 while throwing a grenade and falling onto the hip.
2. The Board considered the applicant’s contention that his separation with severance pay (10%) was wrong because no one explained to him about the injury or disability proceedings. However, item 13 (Election of Member) on the applicant’s DA Form 199 (Physical Evaluation Board Proceedings), dated
7 March 1983, states “I have been advised of the findings and recommendations of the Physical Evaluation Board as indicated on the obverse, and have received a full explanation of the results of the findings and recommendations and my legal rights pertaining thereto”. This section was acknowledged, executed and authenticated by the applicant on 21 March 1983.
3. The Board noted the applicant’s contention that he should have been medically retired instead of discharged by reason of physical disability with severance pay. However, he has provided no evidence to show that his
10 percent disability rating was unjust or in error.
4. The applicant’s disability was properly rated in accordance with the VASRD. His separation with severance pay was in compliance with law and regulation.
5. 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 this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's 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
LLS____ CG______ JRS_____ DENY APPLICATION
| CASE ID | AR2001057413 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011010 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19830517 |
| DISCHARGE AUTHORITY | Army Regulation 635-40 |
| DISCHARGE REASON | Physical disability with severance pay (10%) |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
AF | PDBR | CY2012 | PD-2012-00390
She reported that Coccydynia Condition. The Board noted that the final PMR examination, a week prior to separation, documented that the right hip was pain free (over 2 weeks after an injection) and that the left hip had minimal pain rated at 3 out of 10. At the C&P examination performed specifically for the coccyx on 29 April 2009, over a year after separation, the CI reported continued pain and had reduced and painful ROM on examination.
AF | PDBR | CY2013 | PD2013 01230
To that end, the evidence for the left hip neuritic post-op pain and right greater trochanteric bursitis conditions are presented separately; with attendant recommendations regarding separate unfitness and separate rating if indicated.The Board first considered if the right greater trochanter bursitis condition, having been de-coupled from the combined PEB adjudication, remained itself unfitting. He continued to complain of right hip pain; however, his left hip pain was much more severe. ...
AF | PDBR | CY2012 | PD2012 00732
Lumbar spine films, 13November 2001, were normal except for an increased lordotic curve.Despite treatment, the CI’s right hip pain persisted and she developed left hip pain.At the MEB exam, 4 February 2003, approximately 5 months prior to separation, the CI reported bilateral hip pain, right greater than left. Bilateral hip ROM was normal. The Board opined that the evidence in the record supports that at the time of separation the right hip pain was an unfitting condition.The first...
AF | PDBR | CY2014 | PD-2014-01238
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. Post-Separation)ConditionCodeRatingConditionCodeRatingExam Left Hip Pain501910%Left Hip Pain and Stiffness Diagnosed as Chronic Greater Trochanteric Bursitis, Left Hip525110%20090911Other x 4 (Not in Scope)Other x...
AF | PDBR | CY2013 | PD-2013-02128
On exam there was TTP of the neck with negative testing for nervecompression (Spurling’s), with normal ROM and normal bilateral UE examination.At the MEB examination on 21 October 2004, 6 months prior to separation, the CI reported chronic neck pain without radicular symptoms. The NARSUM notes the CI had a history of hip pain (trochanteric bursitis), with normal bilateral hip X-rays.Notes in the STR indicated that in April 2000 the CI reported 5 weeks of right hip pain. At the MEB...
AF | PDBR | CY2012 | PD2012-00635
Groin Pain Condition. In the matter of the bilateral hip condition, the Board unanimously recommends that each joint be rated as separately unfitting at 10%, coded 5019, IAW VASRD §4.71a. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment Record XXXXXXXXXXXXXXXXXX President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (TAPD-ZB / ), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 SUBJECT:...
AF | PDBR | CY2013 | PD-2013-01541
RATING COMPARISON : Service IPEB – Dated 20040617VA -Based on Service Treatment Records(STR)ConditionCodeRatingConditionCodeRatingExam Chronic Low Back Pain Secondary to EPTS Injury, Permanently Service Aggravated 523710%Low Back Pain524310%STRLeft Lower Extremity Radiculopathy Associated with Low Back Pain852010%STRChronic Left Hip Pain50190%Left Hip Trochanteric Bursitis5019-52520%STROther x 6 (Not in Scope)Other x 4 Combined: 10%Combined: 20%Derived from VA Rating Decision (VARD)dated...
AF | PDBR | CY2012 | PD 2012 01440
Trochanteric Bursitis, left & right hip very hard to get sleep at night; also hard to stand or sit for prolonged periods of time. SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) identified but...
AF | PDBR | CY2012 | PD-2012-01221
Post‐Sep (20030107) Full Full Normal gait, silent to painful motion 0% §4.71a Rating 0% At the MEB exam, the CI reported pain in her left shoulder and left hip that prevented her from performing her duties. The VA assigned the left hip a 10% rating for pain to palpation which is inconsistent with the VASRD §4.59 which is for painful motion. In the matter of the left shoulder condition, the Board unanimously recommends a disability rating of 10%, coded 5304‐5003 IAW VASRD §4.71a.
AF | PDBR | CY2013 | PD-2013-02762
These were considered together as right and left lower leg conditions for determination of fitness. The Board agreed the left hip condition was mild.The records noted periods of both hip pain and no hip pain.Routine X-rays, bone scans of the hips revealed no pathology. The Board noted the report of the CI at the time of the NARSUM thatleft hip pain “radiated from the back.”After due deliberation, considering all of the evidence, the Board agreed that there was no preponderance of evidence...