BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150000679 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DA Form 199-1 (Formal Physical Evaluation Board (PEB) Proceedings), dated 21 January 2014, to show:

	a.  his disability rating for limitation of motion due to acromioclavicular joint resection and rotator cuff repair PEB referred as status post left AC clavicular resection and biceps synovectomy with arthritis as 20 percent instead of 10 percent, and

	b.  his overall Integrated Disability Evaluation System (IDES) rating changed from a 20 percent combined disability rating to a 30 percent combined disability rating.

2.  The applicant states he successfully appealed his IDES rating and the rating given for his shoulder was changed from 10 percent to a 20 percent disability rating which effectively increases his combined disqualifying disability rating to the threshold required for a medical retirement.

3.  The applicant provides:

* self-authored statement
* Department of Veterans Affairs (VA) rating decision, dated 27 October 2014
* VA letter, dated 7 November 2014


CONSIDERATION OF EVIDENCE:

1.  Having had prior honorable service in the Regular Army, the applicant enlisted in the U.S. Army Reserve on 6 January 2001.

2.  On 29 September 2011, he was ordered to active duty in support of Operations Allied Force/Joint Guardian Yugoslav/Kosovo for a period of 400 days.

3.  Landstuhl Regional Medical Center Orders A-07-2133143, dated 28 July 2012, shows he was medically evacuated to Womack Army Medical Center, Fort Bragg, NC, and he was placed in a temporary change of station status.

4.  On 27 December 2013, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).

5.  His DA Form 199-1, dated 21 January 2014, shows:

	a.  His case was processed as part of the IDES and he was rated on the following conditions:

* limitation of motion due to acromioclavicular joint resection and rotator 	cuff repair PEB referred as status post left AC clavicular resection and 	biceps synovectomy with arthritis – 10 percent disability rating
* left knee patellar chondromalacia with osteoarthritis – 10 percent 	disability rating

	b.  The informal PEB found he was physically unfit and recommended a 20 percent combined disability rating. 

	c.  On 21 January 2014, he concurred with the findings and recommendation of the PEB and he elected to be transferred to the Retired Reserve.

	d.  This form also shows his DA Form 199-1, dated 20 August 2013, was superseded.  This form is not available for review.

6.  On 20 May 2014, he was honorably released from active duty and transferred to the 3274th U.S. Army Hospital Detachment, Fort Bragg, NC.

7.  On 21 May 2014, he submitted an appeal to the VA.



8.  On 27 October 2014, the VA:

	a.  increased his 10 percent disability rating for limitation of motion due to acromioclavicular joint resection and rotator cuff repair PEB referred as status post left AC clavicular resection and biceps synovectomy with arthritis to a 20 percent disability rating effective 21 May 2014;

	b.  granted him a 50 percent combined service-connection disability rating that also included the following:

* tinnitus – 10 percent
* gastroesophageal reflux disease – 10 percent
* left knee patellar chondromalacia with osteoarthritis, status post 	multiple medial meniscus repairs – 10 percent 
* right foot achilles tendonitis with acute contusion of the fifth toe 	(claimed as bilateral foot condition) – 10 percent
* left foot achilles tendonitis (claimed as bilateral foot condition) – 	10 percent
* surgical scars, left knee and left shoulder – 0 percent
* left hand strain, status post 4th and 5th metacarpal fracture (non-	dominant) – 0 percent
* benign prostatic hypertrophy, asymptomatic – 0 percent

	c.  deferred the following conditions:

* left ulnar neuropathy across elbow moderate 
* hiatal hernia
* Barrett's Syndrome
* stomach ulcers

9.  Headquarters, 81st Regional Support Command Order 15-085-00100, dated 26 March 2015, transferred him to the Retired Reserve effective 24 April 2015.

10.  On 16 September 2015, the Legal Advisor, U.S. Army Physical Disability Agency, provided an advisory opinion in which he stated the applicant appealed his VA rating after separation and the VA granted his appeal.  The Legal Advisory further stated:

	a.  His shoulder rating should have been rated at 20 percent during the IDES process.

	b.  His records should be corrected to reflect a 20 percent disability rating for left shoulder and his disposition should be changed to a permanent disability retirement with a 30 percent rating.

11.  On 25 September 2015, the applicant was sent a copy of the advisory opinion and given an opportunity to respond and/or provide further corroborating documentation.  He did not respond by the suspense date.

12.  Army Regulation 635-40 establishes the Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.

13.  Directive-type Memorandum (DTM) 11-015, dated 19 December 2011, explains the IDES and states: 

	a.  The IDES is the joint Department of Defense (DOD)-VA process by which DOD determines whether wounded, ill, or injured Service members are fit for continued military service and by which DOD and the VA determine appropriate benefits for Service members who are separated or retired for a Service-connected disability.  The IDES features a single set of disability medical examinations appropriate for fitness determination by the Military Departments and a single set of disability ratings provided by the VA for appropriate use by both departments.  Although the IDES includes medical examinations, IDES processes are administrative in nature and are independent of clinical care and treatment.

	b.  Unless otherwise stated in this DTM, DOD will follow the existing policies and procedures promulgated in DOD Directive 1332.18 and the Under Secretary of Defense for Personnel and Readiness Memoranda.  All newly-initiated, duty-related physical disability cases from the Departments of the Army, Air Force, and Navy at operating IDES sites will be processed in accordance with this DTM and follow the process described in this DTM unless the Military Department concerned approves the exclusion of the Service member due to special circumstances.  Service members whose cases were initiated under the legacy DES process will not enter the IDES.

	c.  Upon separation from military service for medical disability and consistent with Board for Corrections of Military Records (BCMR) procedures of the Military Department concerned, the former Service member (or his or her designated representative) may request correction of his or her military records through his or her respective Military Department BCMR if new information regarding his or her service or condition during service is made available that may result in a different disposition.  For example, a veteran appeals the VA’s disability rating of an unfitting condition based on a portion of his or her service treatment record that was missing during the IDES process.  If the VA changes the disability rating for the unfitting condition based on a portion of his or her service treatment record that was missing during the IDES process and the change to the disability rating may result in a different disposition, the Service member may request correction of his or her military records through his or her respective Military Department BCMR.

	d.  If, after separation from service and attaining veteran status, the former Service member (or his or her designated representative) desires to appeal a determination from the rating decision, the veteran (or his or her designated representative) has 1 year from the date of mailing of notice of the VA decision to submit a written notice of disagreement with the decision to the VA Regional Office of jurisdiction.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was processed through the IDES and he received a 20 percent combined disability rating. 

2.  He successfully appealed his left shoulder rating and the VA acknowledged the original rating for this condition should have been given a 20 percent disability rating instead of a 10 percent disability rating.

3.  The increase in the applicant's left shoulder rating resulted in a 30 percent combined disability rating which makes him eligible for a permanent disability retirement.  

4.  In view of the above, his DA Form 199-1 should be corrected to show a 20 percent disability rating for limitation of motion due to acromioclavicular joint resection and rotator cuff repair PEB referred as status post left AC clavicular resection and biceps synovectomy with arthritis and his records should be corrected to show a permanent disability retirement with a 30 percent disability rating.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his DA Form 199-1, dated 21 January 2014, to show a 20 percent disability rating for limitation of motion due to acromioclavicular joint resection and rotator cuff repair PEB referred as status post left AC clavicular resection and biceps synovectomy with arthritis and a combined rating of 30 percent, and

	b.  issuing him the appropriate separation retroactive to 20 May 2014, his original separation date, with entitlement to all back pay and allowances and/or retired pay, less any entitlements already received. 



      ___________X_______________
       	      CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20150000679



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ABCMR Record of Proceedings (cont)                                         AR20150000679



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