DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

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WASHINGTON DC 20370.510

0

JR

E

Docket No: 
20 February 2001

880-00

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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 1 February 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. In addition, it considered the
comments of your counsel.

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
E3oard which considered your case on 10 April
hearing panel of the Physical Evaluation 
1997, a copy of which is attached.
awarded you disability ratings for additional conditions was not considered probative or error
or injustice in your case, because the VA assigns ratings without regard to the 
issue, of fitness
for military service.
In the absence of evidence which demonstrates that you suffered from
additional unfitting conditions which were ratable at or above 10% disabling at the time of
your discharge, the Board was unable to recommend any corrective action in your case.
Accordingly, your application has been denied. The names and votes of the members of the
panel will be furnished upon request.

The fact that the Department of Veterans Affairs (VA)

’

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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Enclosure

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RATIONALE
ON  13 SEPTEMBER 1996,
A MEDICAL BOARD WAS CONVENED AT THE NAVAL
HOSPITAL, CAMP LEJEUNE, NORTH CAROLINA IN THE CASE OF THIS 28 YEAR
OLD MEMBER WITH THE FOLLOWING DIAGNOSES:

(1) CHRONIC INSTABILITY LEFT SHOULDER,   71881
(2) CHRONIC MECHANICAL LOW BACK PAIN, 7242
(3) CHRONIC DEGENERATIVE ARTHRITIS LEFT KNEE, 71598
(4) SUBLUXATION SPONTANEOUS MANDIBLE, 8300

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THE RECORD REVIEW PANEL OF THE PHYSICAL

ON 15 JANUARY 1997,
EVALUATION BOARD EVALUATED THIS CASE, AND FOUND THE MEMBER TO BE
UNFIT FOR DUTY WITH A DISABILITY RATING OF 10% UNDER VA CODE 5099-
THE RECOMMENDED DISPOSITION WAS SEPARATION FROM ACTIVE DUTY
5003.
SERVICE WITH SEVERANCE PAY.
FINDINGS, AND REQUESTED A FORMAL HEARING.

THE MEMBER DISAGREED WITH THESE

THE HEARING WAS CONDUCTED ON 10 APRIL 1997, AT BETHESDA, MARYLAND,
WITH CAPTAIN W. H. FISHER, USNR, AS PRESIDING OFFICER, AND COLONEL
USMC, AND CAPTAIN D. M. GRODIN, MC, USN AS
E. G. BEINHART, III,
PANEL MEMBERS.
THE MEMBER'S LEGAL COUNSEL WAS LT B. D. POLLARD,
JAGC, USNR.

THE MEMBER APPEARED IN PERSON AT THE FORMAL HEARING, PETITIONING TO
BE FOUND UNFIT FOR DUTY WITH A DISABILITY RATING OF 10% UNDER VA
CODE 
5099-5003(LEFT  SHOULDER),
AND 10% UNDER VA CODE 5299-5295,
RATING OF  
HEARING PANEL WERE THE CASE FILE, SERVICE RECORD, HEALTH RECORD, 
RAYS AND IMAGING STUDIES.
A WERE 27 PAGES OF MEDICAL EVIDENCE INCLUDING A 25 MARCH 1997
ADDENDUM TO THE MEDICAL BOARD REPORT.

X-
ADMITTED INTO EVIDENCE AS BOARD EXHIBIT

FOR A TOTAL ROUNDED DISABILITY
AVAILABLE TO THE

WITH PLACEMENT ON THE TDRL.

10% UNDER VA CODE 

5003(LEFT KNEE),

30%,

AFTER CAREFUL REVIEW OF ALL AVAILABLE EVIDENCE, THE PHYSICAL
EVALUATION BOARD FINDS THE MEMBER TO BE UNFIT FOR DUTY IN THE U. S.
NAVY BECAUSE OF CONDITIONS WHICH INTERFERE WITH THE ADEQUATE
PERFORMANCE OF REQUIRED MILITARY DUTIES. THE RECORD DOCUMENTS THAT
THE MEMBER HAS THE FOLLOWING CONDITIONS
INSTABILITY
ARTHRITIS LEFT KNEE CHRONIC, 71598; CATEGORY III: (3) SUBLUXATION
SPONTANEOUS MANDIBLE, 8300; (2) MECHANICAL LOW BACK PAIN, CHRONIC,
RECENTLY AGGRAVATED, 7242.

SHOULDER CHRONIC,

- CATEGORY I:

(1)
DEGENERATIVE

71881;

LEFT

 

(2)

THE MEMBER WAS INVOLVED IN A MOTOR VEHICLE

IN FEBRUARY 1996,
ACCIDENT IN WHICH HIS LEFT SHOULDER WAS IMPACTED.
FROM PAIN AND LIMITED MOTION IN THE LEFT DOMINANT SHOULDER SINCE
THAT ACCIDENT.
HAVE NOT PRODUCED SUFFICIENT RELIEF, AND HE IS UNABLE TO PERFORM
ALL REQUIRED DUTIES OF RATE INCLUDING LIFTING AND MOVING HEAVY
OBJECTS.
150 DEGREES WITH PAIN ARRESTING FURTHER MOVEMENT.

EXAMINATION OF THE LEFT SHOULDER REVEALED ABDUCTION TO

CONSERVATIVE MEASURES INCLUDING PHYSICAL THERAPY

HE HAS SUFFERED

INTERNAL

Enclosure 

(1)

TENDERNESS TO

ROTATION IS EQUAL TO THE NORMAL RIGHT SHOULDER.
FLEX THE LEFT HAND TO THE RIGHT SHOULDER WITH PAIN.
MARKED
SIGN AND
APPREHENSION
THOUGH THE MEMBER HAS SENSED THAT THE
INTRINSIC MUSCLES ARE  
SHOULDER IS SLIPPING, THERE WAS NO TRUE SUBLUXATION OR DISLOCATION.
ON ORTHOPEDIC EXAMINATION, NO INSTABILITY COULD BE ELICITED. THE
CONDITION IS UNFITTING FOR DUTY, AND A DISABILITY RATING OF 10% IS
ASSIGNED UNDER VA CODE 5099-5003.

HE CAN CROSS-CHEST
THERE IS
ACROMION.

SIGN ARE BOTH POSITIVE.

PALPATION
IMPINGEMENT

BELOW

LEFT

5/S.

THE

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PROGRESS WAS NOTED (AS RECORDED IN THE HEALTH

SINCE THE FEBRUARY 1996 MOTOR VEHICLE ACCIDENT, THE MEMBER HAS BEEN
EXPERIENCING LOW BACK TIGHTNESS AND PAIN WITHOUT RADIATION. AT
PHYSICAL THERAPY,
THE CONDITION WAS AGGRAVATED BY A MORE RECENT AUTOMOBILE
RECORD).
ACCIDENT IN FEBRUARY 1997 WITH RESULTING CERVICAL AND LUMBAR SPRAIN
THESE ACUTE CHANGES
AND DIMINISHED RANGE OF MOTION DUE TO SPASM.
IT IS THE OPINION OF
ARE NOT CONSIDERED TO BE PERMANENT IN NATURE.
THE HEARING PANEL THAT THE MECHANICAL LOW BACK PAIN IS NOT AN
UNFITTING CONDITION, AND IS CLASSIFIED AS A CATEGORY III CONDITION.

THE MEMBER ENTERED RECRUIT TRAINING

BUT DID DEMONSTRATE EXTENSIVE CHONDROMALACIA

IN JUNE 1993 HE BEGAN TO EXPERIENCE PAIN IN THE

IN 1994, A POSSIBLE
IN JUNE 1994 ARTHROSCOPY DID

IN SPITE THE DEGENERATIVE CHANGES IN THE KNEE, THE MEMBER

THE HEALTH RECORD INDICATES THAT THE LEFT KNEE WAS
HE WAS ACTIVE IN SPORTS INCLUDING COLLEGE BASKETBALL

THE MEMBER HAS CHRONIC DEGENERATIVE ARTHRITIS OF THE LEFT KNEE. AT
AGE 10 OR 11 HE FRACTURED THE LEFT FEMUR WHICH REQUIRED TRACTION
AND PINNING.
AFFECTED.
PRIOR TO ACTIVE DUTY SERVICE.
IN MARCH 1993.
LEFT KNEE AS THE RESULT OF PLAYING BASKETBALL.
LEFT MENISCUS TEAR WAS NOTED ON MRI.
NOT REVEAL A TEAR,
PATELLA.
CONTINUED TO BE ACTIVE, AND HIS SERVICE RECORD INDICATES THAT HE
PLAYED ON THE COMMAND BASKETBALL TEAM UNTIL HIS AUTOMOBILE ACCIDENT
THE LEFT KNEE WAS SOMEHOW INVOLVED IN THE
IN FEBRUARY 1996.
ACCIDENT, AND HE HAS EXPERIENCED A SIGNIFICANT ESCALATION IN THE
PAIN IN THE LEFT SINCE THAT TIME.
AND THE MEMBER STATED THAT HE CAN NOT JOG FURTHER THAN ONE HALF
MILE WITHOUT SIGNIFICANT KNEE PAIN.
RESPONSIVE TO CONSERVATIVE TREATMENT MEASURES.
REVEALED FULL RANGE OF MOTION WITH NO EFFUSION.
TENDERNESS TO PALPATION OF THE PATELLAR TENDON IN THE LATERAL AND
MEDIAL JOINTLINES. THERE WAS LIGAMENTOUS STABILITY. IN SUMMARY, THE
CHRONIC DEGENERATIVE ARTHRITIS APPEARS TO HAVE HAD IT ORIGIN WITH
CHILDHOOD TRAUMA AND WITH SUBSEQUENT WEAR AND TEAR WITH ATHLETIC
THE MEMBER WAS MANAGING
AND OTHER ACTIVITIES THROUGH THE YEARS.
WITH THE SYMPTOMS IN THE LEFT KNEE UP UNTIL THE AUTOMOBILE ACCIDENT
IN FEBRUARY   1996  WHICH SUFFICIENTLY AGGRAVATED THE LEFT KNEE TO
RENDER THE ARTHRITIS CONDITION UNFITTING. A DISABILITY RATING OF
10% IS ASSIGNED UNDER VA CODE 5003, LESS 0% EPTE, FOR A RATING OF
10%.

PROLONGED WALKING CAUSES PAIN,

THE CONDITION HAS NOT BEEN

EXAMINATION
THERE WAS

, THE MEMBER EXPERIENCES RECURRENT SPONTANEOUS SUBLUXATION OF THE
MANDIBLE WHICH DOES NOT REPRESENT DISLOCATION BECAUSE THERE IS

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ALWAYS SPONTANEOUS REDUCTION OF THE MANDIBLE.
REQUIRED.
CONDITION IS CLASSIFIED AS A CATEGORY III CONDITION.

THE CONDITION IS NOT UNFITTING FOR DUTY, AND THE

NO THERAPY IS

THE 10% RATING UNDER VA CODE 5099-5003,
RATING UNDER VA CODE 5003,
TO YIELD  
DISABILITY RATING OF 20%.
SEVERANCE PAY FROM ACTIVE DUTY SERVICE.
COMBAT RELATED.

COMBINES WITH THE 10%
19%, WHICH ROUNDS TO A TOTAL

THE MEMBER IS TO BE SEPARATED WITH

THE CONDITION IS NOT

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