DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
24 May 2002
5663-01
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 16 May 2002. 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.
sacrum; S/P
The Board did not accept your contention to the effect that the Physical Evaluation Board
(PEB) considered only your back condition, and ignored other conditions, which were
subsequently rated by the Department of Veterans Affairs (VA). It noted that PEB
considered all diagnoses referred to it by your medical board, to include status/post (S/P)
pseudarthrosis of the fusion mass of L3 to the
mass fusion L# to the
surgery for shrapnel wounds; and psychophysiological reaction with some depressive
features. Although the Board was unable to obtain a complete copy of your disability
evaluation proceedings, due to your delay in filing your request for corrective action,
available records indicate that on 19 September 1974, the first, second and fifth diagnoses
were rated together under VA code 5293 at 40 % , and that the third and fourth were rated at
0% under codes 5203 and 7399-730
Temporary Disability Retired List.
November 1977, and you were permanently retired with that rating.
persuaded that any additional conditions should have been rated by the PEB, or that the
I, respectively, and you were transferred to the
The 40% rating was confirmed by the PEB on 22
acromioclavicular separation repair; S/P abdominal
sacrum lateral mass fusion; S/P posterior later
The Board was not
combined rating you received was erroneous or unjust.
been denied. The names and votes of the members of the panel will be furnished upon
request.
Accordingly, your application has
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 | CY2013 | PD-2013-02161
Chronic Low Back Pain Condition .The CI experienced chronic low back pain that radiated into the right leg. The VA C&P examination noted a somewhat weakened hamstring muscle but lower extremity strength was otherwise normal and gait was normal.The Board also noted that the hamstring muscle is innervated by multiple spinal nerve roots L5, S1, S2 and S3 so significant weakness from a single nerve root is not expected. I have carefully reviewed the evidence of record and the recommendation of...
AF | PDBR | CY2012 | PD2012-00966
The PEB adjudicated the right upper sacrum stress fracture as unfitting, but used two codes, 5284 and 5294, each rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). However, the Board does not recommend a rating lower that what was adjudicated by the PEB. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: VASRD CODE 5284 - 5294 COMBINED RATING 10 +...
AF | PDBR | CY2012 | PD2012 01412
The PEB coded chronic low back pain 5295 (lumbosacral strain and pain on motion) and rated it 10% based on IAW DOD and VASRD guidelines. At the MEB exam of 25June2002 the CI reported no neck pain or cervical paresthesias. Neither charted exam was compensable based on ROM limitations.
AF | PDBR | CY2014 | PD 2014 01018
LBP due to DDD S/P Microdiscectomy and Fusion L5-S1 Condition .The CI underwent the following surgeries:1. Two days later the primary care provider noted significant lumbar muscle spasm, tightness, left straight leg raising significantly restricted and decreased reflex of the left lower extremity. I have carefully reviewed the evidence of record and the recommendation of the Board.
NAVY | BCNR | CY2001 | 05449-00
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. BECAUSE IT WAS UNCLEAR FROM THE MEMBER ’S TESTIMONY ALSO INDICATED THAT BECAUSE OF THE LACK OF MOTION AT THE ANKLE, HE TENDS TO WALK WITH HIS FOOT TURNED OUT RESULTING IN PAIN IN HIS KNEE AND THE TDRL EVALUATION AND THE V.A. THEREFORE, THE DISABILITY IS RATED AT 20% UNDER V.A.
AF | PDBR | CY2012 | PD2012 00941
The PEB adjudicated “pain left ankle and right wrist” as a single unfitting condition, rated 0% and “fusion of distal interphalangeal joint of the left non-dominant ring finger” as unfitting, rated 0%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). Pre-Separation) ConditionCodeRatingConditionCodeRatingExam Pain Left (this should be right)Ankle and Right Wrist5099-50030%Right Ankle Fracture5010-527110%*19990626Right Wrist, Residuals, status post (s/p)...
AF | PDBR | CY2011 | PD2011-00089
The examiner’s summary of ROMs in the chart above was from the physical exam section of the C&P exam and was slightly different than the summary area ROMs (no ratable difference), which stated, “Loss of flexion of 22 degrees, extension of 10 degrees, left lateral flexion of 15 degrees and right lateral flexion of 10 degrees.” Although remote from separation, the Board noted that four subsequent VA exams at 38, 55, 77, and 87 months post-separation showed significantly greater ROM deficits...
AF | PDBR | CY2012 | PD-2012-00638
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20010917 NAME: XXXXXXXXXXXXX CASE NUMBER: PD1200638 BOARD DATE: 20121113 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E‐4 (63S10/Heavy Wheeled Vehicle Mechanic), medically separated for chronic mechanical low back pain (LBP). As discussed above, PEB reliance on DoDI 1332.39 and AR 635‐40 for rating the...
NAVY | BCNR | CY2002 | 00799-02
A medical board was prepared in January 1998 and PEB's Record Review Panel In June, 1998, the forwarded to the Physical Evaluation Board (PEB) for consideration. Lumbar Decompression and Low Back Pain Status Post Fusion (72420) The Record Review Panel found the member unfit for duty under VA Code 5295, rated his condition at 10% disability and separation pay. However, Therefore, after careful consideration of all relevant medical evidence, viewed in a .light most favorable to the...
AF | PDBR | CY2011 | PD2011-00840
The Informal PEB (IPEB) adjudicated limitation of cervical motion, s/p cervical fracture w/c1/2 fusion as unfitting, rating it 20%; with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The ratings for unfitting conditions will be reviewed in all cases. The FPEB rated the CI’s neck condition 10%.