DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 3 113-02
15 October 2002
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-_,-.
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This is in reference to your
provisions of title 10 of the
application for correction of your naval record pursuant to 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 26 September 2002.
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.
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.
The Board found that you underwent a pre-separation physical examination on 26 March
2001. Although you disclose an extensive medical history at that time, you stated that you
were in good health. The conditions you disclosed were evaluated by the physician who
conducted the examination, and none was considered disqualifying, and you were found fit
for full duty. On 14 August 2001, you were released from active duty early, at your request,
in order to further your education.
indicate you were fully qualified and recommended for reenlistment. On 2 January 2002, the
Department of Veterans Affairs (VA) awarded you a combined rating of 70% for
endometriosis
reflux disease (GERD) and tendinitis of the right knee, each rated at 0%. The ratings were
based, in part, on changes in your conditions which occurred following your release from
active duty. On 9 February 2002, you were found to be unqualified for service because of
endometriosis, endometrioma, migraine headaches, GERD, bursitis and tendinitis of the right
knee, and obesity. That finding was based, in part, on the aforementioned VA rating
decision.
You were assigned a reenlistment code of RE-1, to
(50%), migraine headaches
(30%), and tonsillitis, sinusitis, gastroesophageal
The Board concluded that your receipt of substantial disability ratings from the VA is
insufficient to demonstrate that your release from active duty was erroneous.
noted that unlike the VA, which rates all conditions it classifies as “service connected”, the
military departments are permitted to assign disability ratings only to those conditions which
render a service member unfit to perform the duties of his or her office, grade, rank or
rating. In addition, fitness and rating determinations made by the military departments are
fixed as of the date of separation or retirement.
The Board concluded that the available
records do not demonstrate that you were unfit for duty prior to your release from active duty
on 14 August 2001.
In this regard it
In view of the foregoing, your application has been denied.
has been denied. The names and votes of the members of the panel will be furnished upon
request.
Accordingly, your application
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.
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.
In this regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
AF | PDBR | CY2014 | PD-2014-01939
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. Left knee pain . The Board determined that, since the left knee was implicated in the Physical Profile (DA Form 3349), and in the commander’s performance statement dated 10 May 2004, it was appropriate to document the...
AF | PDBR | CY2010 | PD2010-00038
The MEB exam was eight months prior to separation. Other PEB Conditions . The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2011 | PD2011-01072
At her first TDRL periodic evaluation, the CI’s endometriosis not controlled by treatment condition was found not sufficiently stabilized to permit final adjudication, while her back and knee pain were changed to not unfitting at that time. The CI was continued on the TDRL with a 30% rating for endometriosis. After her subsequent and final TDRL periodic evaluation, the IPEB determined the CI’s status post TAH/BSO in treatment of endometriosis, with intermittent cramping, pelvic pain...
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AF | PDBR | CY2012 | PD-2012-00852
Pre-Separation) All Effective Date 20011122 Condition Code Rating Condition Code Rating Exam Undifferentiated Connective Tissue Disease 6399-5002 20% Connective Tissue Disease 6399-5002 20% 20011011 Bilateral Carpal Joint Synovitis 5099-5024 10%** 20011011 Bilateral Talar Joint Synovitis 5099-5024 10% 20011011 Migraine Headaches 8100 0% Migraine Headaches 8199-8100 10%** 20011011 Bilat Tibial Stress Reaction Not Unfitting Bilateral Tibial Stress Reaction 5099-5024 0% 20011011 GERD Not...
AF | PDBR | CY2011 | PD2011-00302
Migraine Headache Condition . The 17 May 2005 VA neurology encounter documented report of three headaches in the prior three months but with good response to abortive medication treatment. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2012 | PD 2012 00480
The PEB adjudicated the chronic pain (of the) neck, left shoulder, upper back and both knees and chronic migraine headache (after heavy lifting) conditions as unfitting, rated 20% and 0% respectively, with application of the US Army Physical Disability Agency (USAPDA) pain policy. At the VA C&P examination, she noted bilateral knee pain since 1986 and that she had had arthroscopy in 1987. RECOMMENDATION: The Board recommends that the CIs prior determination be modified as follows; and,...
AF | PDBR | CY2009 | PD2009-00629
If the CI were instead rated under codes for vertigo and headache, the rating would be more favorable to the CI. Minority Opinion : The Action Officer recommends separate migraine headaches and vertigo coding and rating in this case regarding the very strong evidence of the migraine headaches and vertigo as separately unfitting conditions. To say that a 10% rating more accurately reflects the disability picture of the CI, rather than the use of an alternate scheme that rates the individual...
AF | PDBR | CY2012 | PD-2012-01093
The Informal Physical Evaluation Board (IPEB) adjudicated the major depressive disorder (MDD) as unfitting, rated 10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for either contended conditions involving the knees; and, therefore, no additional disability ratings can...
AF | PDBR | CY2012 | PD2012-00049
The PEB adjudicated the left knee pain and arthritis condition as unfitting, rated 0%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. (2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings for unfitting conditions will be reviewed in all cases. Left Knee Condition.