Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 03049-98
Original file (03049-98.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

JRE
Docket No: 3049-98
7 May 1999

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 April 1999. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.

Documentary material considered by the Board

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.

The Board found that you served on active duty in the Marine Corps from 11 December
  when you were discharged by   reason of physical disability because of a
1985 to 1 July 1993,
pulmonary condition rated at 10 % . You submitted a claim for disability compensation to the
Department of Veterans Affairs (VA) on 30 August 1993, and were awarded 10% ratings for
obstructive pulmonary disease, degenerative joint disease of the low back, and a hiatal
hernia, and 0% for a mid systolic click with evidence of mitral valve prolapse. You
underwent back surgery on during October 1996, and after a period of convalescence, you
received a 40% rating for your low back condition from 1 January 1997.

The Board noted that unlike the military departments, the VA awards disability ratings
without regard to the issue of fitness for military service.
assigned by the military departments are fixed as of the date of separation or permanent
retirement, whereas the VA may raise or lower a veteran ’s ratings through out his lifetime as
his condition changes. As you have not demonstrated that you were unfit for duty because of
a lower back condition or a hiatal hernia at the time of your discharge, the Board was unable

In addition, it noted that ratings

to recommend any corrective action in your case.
denied. The names and votes of the members of the panel will be furnished upon request.

Accordingly, your application has been

It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered by the Board.
In this
regard, it is important to keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of probable material error or
injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director



Similar Decisions

  • AF | PDBR | CY2009 | PD2009-00709

    Original file (PD2009-00709.docx) Auto-classification: Denied

    Right Ankle Condition . All evidence considered proximate to the CI’s date of separation, there is not reasonable doubt in the CI’s favor supporting the addition of the lower back condition as an unfitting condition for separation rating. The CI’s contended depression was not in evidence at the time of separation and the worsening of his ankle and lower back conditions cannot be adjudicated by the Board.

  • NAVY | BCNR | CY2001 | 01060-01

    Original file (01060-01.pdf) Auto-classification: Denied

    A three-niember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 2001. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • AF | PDBR | CY2011 | PD2011-00519

    Original file (PD2011-00519.docx) Auto-classification: Approved

    The PEB adjudicated “Crohn’s disease” as unfitting, rating it 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Crohn’s Disease Condition . Providing a correction to the individual’s separation document showing that the individual was separated by reason of permanent disability retirement effective the date of the original medical separation for disability with severance pay.

  • AF | PDBR | CY2013 | PD-2013-02182

    Original file (PD-2013-02182.rtf) Auto-classification: Denied

    SEPARATION DATE: 20040905 The CI had past medical history of atypical chest pain diagnosed as gastritis, Barrett’s esophagitis, gastroesophageal reflux disease (GERD), hiatal herniaand esophageal spasms. As discussed above, PEB reliance on the USAPDA policy/guidance memorandum #12 table of analogous codes (since withdrawn)for rating reflux disease with atypical chest pain, suspected esophageal spasm condition was operant in this case and the condition was adjudicated independently of that...

  • AF | PDBR | CY2011 | PD2011-00356

    Original file (PD2011-00356.docx) Auto-classification: Denied

    The Board also acknowledges the CI’s contention that suggests service ratings should have been conferred for other conditions documented at the time of separation. The VA’s rating of 10% is justified based on the full but painful ROM recorded in the VA exam with application of §4.59 (painful motion). Several additional non-acute conditions or medical complaints were also documented.

  • NAVY | BCNR | CY2008 | 02433-08

    Original file (02433-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2008. The VA granted you a disability rating of 10% for a hiatal hernia with psychophysiological gastrointestinal disorder, history of peptic ulcer, history of cholecystectomy; and a separate 10% rating for migraine headaches. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • ARMY | BCMR | CY2014 | 20140004884

    Original file (20140004884.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his records to show the Physical Evaluation Board (PEB), dated 24 September 2009: * Granted him a higher disability rating under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) for his medical condition * rated him for other medical conditions that were not diagnosed until after he was discharged from the Army 2. A VA Rating Decision, dated 19 May 2011, wherein it shows, effective 10 October 2010, the VA granted...

  • AF | PDBR | CY2012 | PD 2012 01082

    Original file (PD 2012 01082.rtf) Auto-classification: Denied

    The Board’s role is confined to the review of medical records and all evidence at hand to assess the fairness of PEB rating determinations, based on severity at the time of separation. In the matter of the chronic LBP condition, the Board unanimously recommends a disability rating of 20%, coded 5243, IAW VASRD §4.71a that was in effect at the time of separation. Physical Disability Board of Review

  • AF | PDBR | CY2010 | PD2010-00526

    Original file (PD2010-00526.docx) Auto-classification: Approved

    RightRightFlexion (140⁰ normal)140⁰ with pain130⁰ x 3 with painExtension (0⁰ normal)0⁰0⁰ x 3CommentsClicking and grating on exam with antalgic gait and use of off-loader brace; resting position 10⁰ of flexion; crepitus; strength 4/5 secondary to pain; no instabilityRight knee patellar compression and McMurray tests positive; motor strength normal (5/5)Rating10% (§4.59 painful motion)10% (§4.71a painful motion)On the MEB exam (29 October 2007) five and one-half months prior to separation the...

  • NAVY | BCNR | CY2008 | 11339-08

    Original file (11339-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...