DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 2529-01
16 October 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 4 October 2001.
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. In this connection, the Board substantially concurred with the comments contained
in the rationale of the hearing panel of the Physical Evaluation Board which reviewed your
case on 7 November 2000, a copy of which is attached.
It was not persuaded that you
suffered from any additional unfitting conditions. 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
Enclosure
TIONALE:
THE MEMBER IS A 30 YEAR-OLD E03, USN, WITH ABOUT 5 YEARS OF SERVICE AT
THE TIME OF HIS APPEARANCE BEFORE A MEDICAL BOARD AT PORTSMOUTH
NAVAL MEDICAL CENTER ON 7 MARCH 2000 WITH THE DIAGNOSES:
(1) LUMBAR SYNDROME;
(2) CHRONIC PERMANENT PARESTHESIAS, RIGHT ANTERIOR KNEE DOWN TO
PAST THE TIBIAL TUBERCLE ANTERIORLY;
(3) FACET SYNDROME;
(4) PROBABLE LEFT SACROILIAC JOINT DYSFUNCTION AND PAIN; AND
(5) PROBABLE LEFT SACROILIAC JOINT PAIN.
THE INFORMAL PEB CONSIDERED THE CASE ON 7 AUGUST 2000 AND FOUND THE
MEMBER UNFIT FOR CONTINUED NAVAL SERVICE BECAUSE OF PHYSICAL
DISABILITY BASED ON DIAGNOSIS NUMBER (1) AND RATABLE AT 10% UNDER
(4), AND (5) WERE CONSIDERED CATEGORY II
V.A. CODE 5295. DIAGNOSES
CONDITIONS. DIAGNOSIS NUMBER (2) WAS CONSIDERED A CATEGORY III
CONDITION. THE MEMBER DISAGREED WITH THIS FINDING AND DEMANDED A
FORMAL HEARING.
(3),
A FORMAL HEARING WAS CONDUCTED ON 07 NOVEMBER 2000 AT BETHESDA,
MARYLAND, WITH CAPTAIN B. EVANS, AS PRESIDING OFFICER, COLONEL L. E.
CONATSER, USMC, AND CAPTAIN L. E. MCCRACKEN, MC, USN, AS PANEL
MEMBERS. LIEUTENANT J. W. WEBER, III, JAGC, USNR, REPRESENTED THE
MEMBER.
THE MEMBER APPEARED AT THE HEARING REQUESTING TO BE FOUND UNFIT
FOR CONTINUED NAVAL SERVICE WITH DISABILITY RATINGS OF 10% UNDER V.A.
CODE 5295 AND 10% UNDER V.A. CODE 5299-5003 (FOR HIS LEFT ANKLE) FOR A
TOTAL RATING OF 20%. TO SUPPORT HIS REQUEST THE MEMBER PRESENTED
TESTIMONY, A MEDICAL BOARD ADDENDUM DATED 26 SEPTEMBER 2000, COPIES
OF HIS HEALTH RECORD ENTRIES MADE SINCE THE SUBMISSION OF THE
MEDICAL BOARD, A WRITTEN REBUTTAL STATEMENT FROM THE MEMBER, AND
NON-MEDICAL EVIDENCE LETTERS FROM HIS DEPARTMENT HEAD, FROM TWO
SUPERVISORS, FROM HIS COMMANDING OFFICER, AND FROM A CO-WORKER.
THE MEMBER ALSO MADE HIS HEALTH AND SERVICE RECORDS AVAILABLE FOR
REVIEW.
AFTER CAREFUL REVIEW OF ALL THE AVAILABLE EVIDENCE AND BASED ON
UNANIMOUS OPINION, THE FORMAL PEB FINDS THE MEMBER IS UNFIT FOR
CONTINUED SERVICE IN THE U.S. NAVY BECAUSE OF PHYSICAL DISABILITY. THE
RECORD DOCUMENTS THAT THE MEMBER HAS HAD CHRONIC LOWER BACK
PAIN SINCE 1997 AFTER LIFTING SOME TRACTOR TRAILER TIRES. EVALUATION
BY ORTHOPEDICS AND RHEUMATOLOGY HAS BEEN NEGATIVE EXCEPT FOR
SOME MILD SPONDYLOSIS OF THE LUMBAR SPINE ON PLAIN FILMS. BONE SCAN
Encl(1)
AND CT SCAN WERE NEGATIVE. A DIAGNOSTIC SACROILIAC INJECTION GAVE
100% RELIEF FOR 24 HOURS FOLLOWED BY WORSE PAIN FOR 3 WEEKS BEFORE
RETURN TO BASELINE. THE BACK PAIN HAS FAILED TO RESPOND TO
CHIROPRACTIC ADJUSTMENTS. THE BACK PAIN LIMITS HIS ACTIVITIES AND
INTERFERES WITH THE ADEQUATE PERFORMANCE OF REQUIRED MILITARY
DUTIES.
THE EXAM WAS REPORTED SHOWING NORMAL GAIT, NO DIFFICULTY WITH TOE
AND HEEL WALKING, NORMAL TANDEM GAIT, AND NO MOTOR STRENGTH
DEFICIT IN THE LOWER EXTREMITIES. THE MEDICAL BOARD ADDENDUM
REPORTED DIFFUSELY LIMITED RANGE OF MOTION OF THE LUMBAR SPINE,
DECREASED RANGE OF MOTION ON THE LEFT HIP DUE TO REFERRED PAIN TO
THE LEFT SACROILIAC JOINT, A POSITIVE FABERE TEST IN THE LEFT SACROILIAC
JOINT CONSISTENT WITH LEFT SACROILIAC JOINT DYSFUNCTION, PARESTHESIA
AND DYSESTHESIA IN THE RIGHT KNEE AND ANTERIOR LEG TO THE LEVEL OF.
MID SHAFT OF THE TIBIA. THE ABOVE FINDINGS ARE CONSISTENT WITH A
DISABILITY RATING OF 10% UNDER V.A. CODE 5295.
DIAGNOSES
CONTRIBUTING TO DIAGNOSIS NUMBER (1).
(3),
(4), AND (5) ARE CONSIDERED CATEGORY II CONDITIONS
THERE IS NO DOCUMENTED RESIDUAL IMPAIRMENT IN THE RIGHT LEG RELATED
TO THE CHRONIC PARESTHESIAS IN THE RIGHT KNEE AND LEG THAT LIMITS THE
MEMBER’S PERFORMANCE OF DUTIES. THEREFORE, THIS IS CONSIDERED A
CATEGORY III CONDITION.
ALTHOUGH THE HEALTH RECORD ENTRIES PRESENTED SHOW MULTIPLE
ENTRIES FOR PAIN IN THE LEFT ANKLE, THERE IS NO CONSISTENT DIAGNOSIS
GIVEN, THERE IS NO LIMITATION OF MOTION, LIGAMENTOUS INSTABILITY, OR
RAY FINDINGS. ALSO, THERE IS NO MEDICAL BOARD ADDENDUM FOR THIS
CONDITION AND NO MENTION OF THIS IN THE MEDICAL BOARD ADDENDUM
SUBMITTED. THEREFORE, THIS CONDITION CANNOT BE ADDED OR RATED.
X-
THE DISABILITY IS NOT CONSIDERED COMBAT RELATED.
KsmC, MEMBER
DATE ’
‘-
“k-J-
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