DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 1446-01
26 December 2001
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 29 November 2001.
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
Your allegations of error and
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. In this connection, the Board substantially concurred with the rationale of the
hearing panel of the Physical Evaluation Board which considered your case on 5 November
1992, a copy of which is attached.
The fact that the Department of Veterans Affairs (VA)
raised your disability rating more than seven years after you were discharged was not
considered probative of the existence of error or injustice in your naval record.
whereas the VA may raise or lower disability ratings throughout a veterans lifetime, ratings
assigned by the military departments are fixed as of the dated of separation or permanent
retirement. Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It noted that
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
Enclosure
SAN DIEGO HEARING PANEL RATIONALE
A medical board met at Naval Hospital, Bremerton, Washington
on 05 June 1992 with diagnoses of:
1.
2.
Back Pain 7242
Probable Ankylosing Spondylitis 7200
.
on 29 March 1992 and rated his condition at
The Record Review Panel found the member unfit for duty
Codes 5299-5292
disability.
This member appeared before
requesting to be found unfit for duty and rated
disability.
the Panel on 05 November 1992
at
40%
under VA
10%
Additional accepted documentary evidence consisted of:
Ad dendum to Exhibit A
Exhibits B thru G
- Nonmedical Evidence
EN1 Entringer developed progressive low back pain and assooiated
morning stiffness in 1990.
ankylosing spondylitis.
include Indocin.
The workup diagnosed probable
HLA-B27 is positive.
Medications
agree- is unfit for duty in
The
Enclosure
(1)
ni.ed .
The physical examination
analogous to rheumatoid
The disease
20% under VASRD 5099-5002,
The early/mild condition is
Lung disease is not present.
Is early and has
affect his general
,nkylosis),
d'g exacerbations (requiring
The members of the Panel
the Navy due to back pain and stiffness that prevents him from
duties of his rate.
performing the
ratable at
arthritis, as an aotive prooess.
yet to exhibit X-ray findings
(
health, or have any
incapacitat 1
hospitalization or bedrest).
Bowel and bladder symptoms are
de
of the back reveals lumbar tenderness, no spasm, and decreased
flexion
deflolts, and nerve stretch tests are negative.
expansion
October 1992).
herniated nuoleus pulposus without evidence of neural
nucleus.pulposus diagnosis has not
impingement.
been carried forward as the cause of his symptoms and is deleted.
The knee examination
He also has patellofemoral pain syndrome.
is normal objectively (see
knees are not unfitting and are not separately ratable.
Is noted to be restricted but is not documented (23
Imaging in 1991 revealed a small central
18 and 27 December 1991 entries).
There are no sensorimotor
(Sohober's test is 4
om.).
Thoracic
L5-Sl
The herniated
Subj
:
DISABILITY EVALUATION
BOARD ICO
F
ON
3. Opinion on Combat-Related Disability.
It is the opinion of
the PEB that the unfitting conditions were not combat-related IAW
26 U.S.C.
104(b)(3).
-2-
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