DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
JRE
Docket No: 3604-02
2 December 2002
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 15 November 2002. 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.
The Board found that on 17 March 1997, the Physical Evaluation Board (PEB) made findings
that you were unfit for duty because of multiple arthroses of the cervical spine, lumbar spine,
hip and left thumb, which was ratable at 10%.
You accepted those findings on 24 march
1997, and you were discharged with entitlement to disability severance pay on 16 May 1997.
On 22 July 1997, the Department of Veterans Affairs (VA) awarded you ratings of 10% for
lumbosacral arthritis and disc disease, left foot
right
with bilateral salpingo-oophorectomy, with entitlement to special compensation for loss of use
of a creative organ; and 0% ratings for 13 other conditions.
knee condition, hypertension, hypothyroidism, hypertension; 50% for a hysterectomy
plantar fascitis, arthritis of the left thumb, a
The Board noted that in order to qualify for disability retirement, a service member who has
not completed 20 years or more of active duty service must be unfit by reason of physical
The Board was not persuaded that your
disability ratable at or above 30% disabling.
arthritic conditions were ratable above the 10% rating assigned by the PEB. It concluded that
none of the remaining conditions rated by the VA but not the PEB, either singly or in
combination, rendered you unfit to perform the duties of your office, grade, rank or rating.
In addition, it noted that the VA rates all
As such, they were not ratable by the PEB.
conditions it classifies as “service connected”, without regard to the issue of fitness to
perform military duty.
In view of the foregoing, Board was unable to recommend that your request for correction of
your record be granted. 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
AF | PDBR | CY2012 | PD2012 01750
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The low back and left knee conditions, characterized as “chronic low back pain” and “patellofemoral pain/chondromalacia patella, left knee,” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.Hypertension and bunionectomy conditions were submitted by the MEB as medically acceptable.The Informal PEB adjudicated “chronic low back pain (LBP) and chronic pain of the left knee”as unfitting, rated 10% and 0% respectively, with likely application of the VA Schedule for Rating...
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The rating for the unfitting back condition is addressed below; and, as well as the contended, hypertension, hyperlipidemia, patellofemoral pain syndrome (PFPS), coronary artery disease (CAD) and paroxysmal atrial tachycardia (PAT) which are within the DoDI 6040.44 defined purview of the Board. He was noted the have normal, but painful, range-of-motion (ROM) of the lumbosacral back. Spasm was absent.A permanent L3 profile was issued on 18 December 2007 for low back pain with restrictions...
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The MEB also forwarded right shoulder pain, hypertension, gastroesophageal reflux disease (GERD) and hypercholesterolemia, identified in the rating chart below, as not disqualifying.The Physical Evaluation Board (PEB) adjudicated the chronic LBP conditionas unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to meet retention standards and therefore to be not unfittingand not ratable.The CI made no...
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A Board majority determined the Commander’s letter which stated the CI’s knee, neck, shoulder, and hand conditions prevented him from performing the duties of his rating and the required physical fitness test was sufficient evidence to determine both cervical spondylosis and C6 radiculopathy were unfitting at the time of separation. This Board member determined there was insufficient evidence to consider either Cervical Spondylosis with C5-C6 Left Foraminal Stenosis and Arthritis or...
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The ROM showed a restriction to flexion of 40 degrees vice the normal 90 with painful motion. The CI was determined to have an unfitting asthma condition at TDRL entry and rated at 10% disability. The Board noted that the PEB and VA both coded the asthma condition as 6602, but rated it at 10 and 30%, respectively.
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