| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. Eric N. Andersen | Member |
APPLICANT REQUESTS: In effect, that his transfer to the Retired Reserve be corrected to a medical retirement.
APPLICANT STATES: In a letter to his elected representative, that he was transferred to the Retired Reserve when he should have been medically retired. When his Army National Guard (ARNG) unit was mobilized and deployed to Bosnia, he hurt his back on the weapons qualification range. As a result, his back hurts and he has mental health problems.
In support of his request, he submits a rating decision from the Department of Veterans Affairs (VA) in which he was awarded a non-service connected permanent and total disability rating for major depression. The VA deferred a decision on the applicant’s request for a rating for post-traumatic stress disorder (PTSD), psychosis, back injury and high blood pressure.
The applicant also submits VA medical records which show that he was diagnosed as having a disk protrusion at the level of L4/5 causing sharp back and leg pain with numbness (diagnosed September 1998) (he told a VA physician on 6 February 2002 that “back in December [2001] [he] was in the firing range when he had the sudden onset of back pain radiating down to his right leg and his right leg gave out on him”).
On 7 March 2002, the applicant was given a psychosocial assessment. In that assessment the following written statement was presented to the applicant: “Some people have had terrible experiences that others never go through, such as: being sexually assaulted or raped, being in a fire or flood or natural disaster, being in combat, being in a bad accident, being threatened with a weapon, seeing someone being badly injured or killed.” The applicant then answered “No” to the question “Did any of these experiences ever happen to you?”
On 14 March 2002, the applicant was seen by the VA for complaints of depression. He screened positive for depression at that time. He was also found to have a thought disorder, grandiose delusions, and there was some question of whether he was having hallucinations. A preliminary diagnosis of psychosis was then made and psychological testing was requested.
On 9 April 2002, the applicant was diagnosed as having probable paranoid schizophrenia.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 25 September 1979, was awarded the military occupational specialty of multichannel communication equipment
operator, and was promoted to pay grade E-4. He was honorably released from active duty at the expiration of his term of service on 24 September 1982.
On 12 August 1983, the applicant enlisted in the ARNG. He served continuously in the ARNG, being promoted to pay grade E-6, and was transferred to the Retired Reserve on 16 January 2002. While in the ARNG, he served a tour of Active Duty for Special Work (ADSW) from 8 August 1991 to 30 September 1994. He also served on active duty from 7 February to 2 November 2000, during which time he was deployed to Bosnia.
Title 10, U.S. Code, chapter 61, Retirement or Separation for Physical Disability, provides for the retirement and discharge of members of the Armed Forces who incur a physical disability in the line of duty while serving on active or inactive duty. However, for reservists serving less than 30 days of active duty, the disability must have been the proximate result of performing military duty.
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. In order to be eligible to be medically retired, the applicant would have to show that he incurred or aggravated a physically unfitting condition while he was on active duty. He has not provided any such evidence.
2. The applicant was diagnosed as having a disk protrusion with back and leg pain with numbness in September 1998, but later claimed that he had injured his back in December 2001 while he was on the firing range. The applicant was last released from active duty (prior to the September 1998 diagnosis) on 30 September 1994, 4 years prior to the diagnosis.
3. The first record of the applicant seeking treatment for depression was on 14 March 2002, and he was diagnosed as having probable paranoid schizophrenia on 9 April 2002. The applicant was last released from active duty on 2 November 2000, around 1 ½ years prior to those diagnoses.
4. In addition, on 7 March 2002 the applicant stated that he had never experienced any traumatic event that could have caused PTSD.
5. Since all the evidence submitted shows that none of the applicant’s medical or psychological conditions were incurred or aggravated while he was on active duty, he does not meet the criteria of regulation and law to be placed on the Retired List due to physical disability.
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
___mvt __ ___fne __ ____ena_ DENY APPLICATION
| CASE ID | AR2002083101 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030715 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
AF | PDBR | CY2009 | PD2009-00553
The case was referred to the Physical Evaluation Board (PEB), he was determined unfit for continued Naval service, and separated at 20% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy/Marine Corps and Department of Defense regulations in effect at that time. The most complete examination available for review is the Physical Medicine Consult from 20021009 which clearly stated the pain was intermittent. The Board also considered the...
AF | PDBR | CY2009 | PD2009-00410
The initial pre-separation VA exam did not document any evidence of radiculopathy but multiple progress notes document sensory radiculopathy and radiating pain both before and after the time of this exam. The CI has multiple symptoms in each of the symptom groupings of PTSD: re-experiencing, avoidance, and increased arousal. This evaluation reported continuing recurrent PTSD symptoms and depression.
ARMY | BCMR | CY2002 | 2002072939C070403
Four of the applicant's noncommissioned officer evaluation reports (NCOERs) during the period 1994 - 1997 are available. The VA is not required by law to determine medical unfitness for further military service in awarding a disability rating, only that a medical condition reduces or impairs the social or industrial adaptability of the individual concerned. That all of the Department of the Army records related to this case be corrected by showing that the applicant was discharged on 2 May...
AF | PDBR | CY2009 | PD2009-00210
The CI was thus medically separated with a combined disability rating of 10%. The NARSUM did not formally identify any other medical conditions at separation. In the matters of the chronic adjustment disorder/borderline personality disorder and the hearing loss conditions, the Board unanimously recommends no recharacterization of the PEB adjudications as not unfitting.
AF | PDBR | CY2013 | PD-2013-01384
The retention people said he needs to get … an MEB for that so he is here.”On examination, ROM of the back was “normal.” Gait was normal. Straight leg raising was “minimal on the left.”The surgeon recommended a P2 profile for his low back and recommended treatment.Follow-up orthopedic examination on 14March 2005 noted CI complaint of back pain radiating into both legs and to the toes. The Board also noted there was no reported intervening injury prior to the post separation VA examination...
AF | PDBR | CY2013 | PD2013 00546
The MEB also identified and forwarded anxiety disorder (meets retention standards).The Informal PEB adjudicated “chronic low back pain evaluated as Spondylolisthesis”as unfitting, rated 20%,with application of the VA Schedule for Rating Disabilities (VASRD).The remaining condition, anxiety disorder was determined to be not unfitting and therefore not rated. At the VA C&P exam performed almost 4 months after separation, the diagnosis was adjustment disorder with anxiety and depressed mood...
AF | BCMR | CY2004 | BC-2003-02742
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2003-02742 INDEX CODE 108.01 108.10 COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: He be given a medical discharge/retirement for service-connected pain in his back, shoulder, and neck, and numbness in his right hand. The DVA concluded the evidence did not show his right ear perforation continued to cause...
AF | PDBR | CY2010 | PD2010-00496
The VA considered the mild left lower extremity weakness noted at the C&P exam in their 10% rating for the lumbar spine condition. Other PEB Conditions. In the matter of the thoracic disc, neck injury headaches, adjustment disorder and tinnitus conditions or any other medical conditions eligible for Board consideration, the Board unanimously agrees that it cannot recommend any findings of unfit for additional rating at separation.
ARMY | BCMR | CY2008 | 20080010257
The applicant requests, in effect, that all of his medical conditions be properly evaluated by both a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) and that he be granted a minimum 30 percent (%) disability rating. It was finally determined that there was no evidence that the PEB did not review all medical records available and the applicant did not provide any objective evidence of clear administrative error that would require a change to the PEBs finding. Although...
AF | PDBR | CY2011 | PD2011-01013
The PEB adjudicated the chronic LBP condition and depression condition as unfitting, rated 10% and 10% respectively with application of the DoDI 1332.39 and Veterans Administration Schedule for Rating Disabilities (VASRD). Although there was no pain with movement at the time of the C&P examination, service treatment records reflected pain with use prior to separation and the Board concluded this supported a 10% rating with application of §4.59 and §4.40. Depression Condition .