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NAVY | BCNR | CY1999 | 05990-98
Original file (05990-98.pdf) Auto-classification: Denied
Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No: 5990-98
21 May 1999

Dear

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 13 May 1999. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. 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.

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 on 8 December 1993, a medical board gave you a diagnosis of low
back pain with left radicular 
com’ponent of unknown etiology, and referred your case to the
Physical Evaluation Board. On 14 February 1994, the Record Review Panel of the Physical
Evaluation Board made preliminary findings that you were unfit for duty because of your
back condition, which it rated at 20% under VA code 5295, as lumbosacral strain. You
accepted the findings of the Record Review Panel on 28 March 1994, and were discharged
with entitlement to disability severance pay on 6 May 1994. Following your discharge, the
Department of Veterans Affairs rated your back condition at 40% under VA code 5293 for
intervertebral disc syndrome, and later increased the rating to 60%.

The Board was not persuaded that you met the criteria for a rating under VA code 5293 at
the time of your discharge, or that you were entitled to a higher rating under code 5295 for
lumbosacral strain at the time of your discharge. It noted that your VA rating was based on
the increase in severity of your condition which occurred following your discharge from the
Navy, which may have been caused by such factors as a substantial increase in your body

~

.

weight. The Board also noted that the VA based its ratings primarily on your subjective
complaints rather than objective findings of back pathology. Accordingly, your application
has been denied. The names and votes of the members of the panel will be furnished upon
request.

.

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



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