DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 808940
20 July 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 12 July 2001. 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.
L5-Sl with S 1 radiculopathy was classified as a
The Board found that on 25 January 1999, the Physical Evaluation Board made preliminary
findings that you were unfit for duty because of myofascial pain syndrome of the lumbosacral
spine, with related low back pain, rated at 10% under Department of Veterans Affairs (VA)
code 5295. A herniated nucleus pulposus
category II condition, as a condition which contributed to the unfitting condition, but was not
separately ratable. Varicosities of the left lower leg, with saphenous mononeuropathy and
arthralgia, and a ganglion cyst, right wrist, were classified as category III conditions, which
were not separately unfitting and did not contribute to the unfitting conditions. You accepted
those findings on 1 February 1999, and were discharged with entitlement to disability
severance pay on 8 March 1999. Effective 9 March- 1999, the VA awarded you a 20%
rating for your lower back condition, 10% for your varicose veins, and 10% for a condition
of your cervical spine. The Social Security Administration determined that you were
disabled under that agency’s rules beginning on 8 March 1999. The basis for the latter
determination is not apparent in the available records.
The fact that the VA awarded you a combined rating of 40% was not considered probative of
In this regard, it noted that the VA must
the existence of error or injustice in your record.
rate any condition it classifies as “service connected ”,without regard to the issue of fitness
for military service. As you have not demonstrated that you suffered from any condition,
other than that of your lower back, which rendered you unfit to perform the duties of your
office, grade, rank or rating, there is no basis for assigning any additional disability ratings.
The Board noted that the determinations mad in your case by the Social Security
Administration are separate and distinct from those made by the Department of the Navy
Disability Evaluation System, and they are not binding on the Department of the Navy.
In view of the foregoing, 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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