DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No: 3238-00
19 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ge i aR aia eee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) NCPB ltr 5420 Ser:01-04, 16 Jan 01
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to
show that he was assigned a disability rating for his left hip replacement, in addition to the
rating for his cervical nerve root injury.
2. The Board, consisting of Messrs. Bennett, Lightle and Neuschafer, reviewed Petitioner’s
allegations of error and injustice on 14 July 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the available evidence of
record. Documentary material considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the Director, Naval Council of
Personnel Boards (NCPB) expressed the opinion that at the time of Petitioner’s transfer to
the Temporary Disability Retired List, he should have received a disability rating of 30%,
for status post left hip arthroplasty, with osteoarthrosis and chronic pain, vice a 10% rating
for chronic hip pain, for a combined rating of 70%, vice the 50% rating he actually
received. After being advised of a scrivener’s error in enclosure (2), the recommended
combined rating was reduced to 60%. Petitioner was advised of the reduction, and did not
object thereto.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was transferred to the
Temporary Disability Retired List on 30 July 1999, with a 40% rating under VA code 8510
for left C5 greater than C6 iatrogenic predominately motor cervical nerve root injury, and
30% for status post left hip arthroplasty, left hip osteoarthrosis with chronic left hip pain, for
a combined rating of 60%.
b. That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board’s review and deliberations, and that the foregoing is a true and complete
record of the Board’s proceedings in the above entitled matter.
(EE
ROBERT D. ZSALMAN MES R. EXMCIOS
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the Board for correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
\Speass (
W. DEAN P
Executive Directo
NAVY | BCNR | CY2002 | 04039-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to show that she was released from active duty and transferred to the Temporary Disability Retired List (TDRL) with a 30% rating under Department of Veterans Affairs (VA) code 5284, for “Other injuries, severe, foot ”. She requested that her condition be rated under VA code 5284, as a foot injury. 20%,...
NAVY | BCNR | CY1999 | Document scanned on Mon Sep 25 10_02_16 CDT 2000
On 31 January 1995, the Record Review Panel of the Physical Evaluation Board (PEB) made preliminary findings that Petitioner was unfit for duty because of left foot pain, which it rated at 20 under VA code 5272, for ankylosis of the subastragalar (subtalar) or tarsal joint in poor weight-bearing position. Captain L’s opinion, after reviewing four medical board reports (there were actually five medical boards, dated March 1993, 8 December 1993, 26 August 1994, 22 November 1994 and 5 April...
NAVY | BCNR | CY2001 | 07719-00
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No: 7719-00 27 February 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj : Ref: Encl: FORMER REVIEW OF NAVAL RECORD (a) 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his record be corrected to show that he was retired by...
AF | PDBR | CY2014 | PD-2014-01688
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The VA also granted a 0% service-connected rating for right radiculopathy associated with the cervical spine disease, citing the normal neurologic examination at the time of the pre-separation VA C&P examination. The...
AF | PDBR | CY2014 | PD-2014-00577
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. Electrodiagnostic studies (electromyogram and nerve conduction velocity testing) demonstrated a right ulnar nerve neuropathy (at the elbow) but no evidence of any cervical spinal nerve root radiculopathy.At the MEB...
AF | PDBR | CY2012 | PD2012 01867
The rating for the unfitting left C5 radiculopathy condition and the cervical osteoarthritis is addressed below;no additional conditions are within theBoard’s defined DoDI 6040.44 purview.Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Board for Correction of Naval Records. Left C5 Radiculopathy Condition . The Board directs attention to its rating recommendationbased...
AF | PDBR | CY2013 | PD-2013-02128
On exam there was TTP of the neck with negative testing for nervecompression (Spurling’s), with normal ROM and normal bilateral UE examination.At the MEB examination on 21 October 2004, 6 months prior to separation, the CI reported chronic neck pain without radicular symptoms. The NARSUM notes the CI had a history of hip pain (trochanteric bursitis), with normal bilateral hip X-rays.Notes in the STR indicated that in April 2000 the CI reported 5 weeks of right hip pain. At the MEB...
AF | PDBR | CY2013 | PD 2013 01186
Additionally, members agreed that the chronic low back pain and left shoulder pain conditions, as isolated conditions, would have rendered the CI incapable of continued service within his MOS and therefore each is separately unfitting and merits a separate rating. Physical Disability Board of Review 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...
AF | PDBR | CY2014 | PD-2014-00206
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. RATING COMPARISON : Service IPEB – Dated 20071129VA -Based on Service Treatment Records(STR)ConditionCodeRatingConditionCodeRatingExam Congenital Malformation523820%*Cervical Spondylosis w/DDD and Findings of...
NAVY | BCNR | CY2001 | 00124-97
The findings of the hearing panel were approved, and he was permanently retired with a disability rating of 100%. He recommended that Petitioner ’s record be corrected accordingly. f. In correspondence submitted in response to enclosure (2), Petitioner’s counsel contends, in effect, that Petitioner ’s permanent retirement with a rating of 100% necessarily required the PEB to find that his back condition should have been initially placed in category I, and assigned a disability rating.