DEPARTMENT OF THE NAVY
OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
Docket No:
19 December
8108-02
2002
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
tl
session, considered your ap
injustice were reviewed in
i
applicable to the
proceeding
consisted of your
applicatio
naval record and applicable
After careful and conscienti
evidence submitted
ins1
injustice.
was
t
The Board found that you
1988. The only positive
ml
completed on that date was
: Board for Correction of Naval Records, sitting in executive
llication on 12 December
2002. Your allegations of error and
zcordance with administrative regulations and procedures
; of
this Board. Documentary material considered by the Board
together with all material submitted in support thereof, your
&utes, regulations and policies.
US consideration of the entire record, the Board found that the
Fficient to establish the existence of probable material error or
a pre-enlistment physical examination on 16 November
history contained in the Report of Medical History you
history of chicken pox and “gas”. You did not disclose your
of lactose intolerance at that time.. You subsequently enlisted
(ADT) on 23 August
and entered on active duty for training
e for several minor conditions while on ADT, to include groin
. You were considered physically qualified for release from
5 February 1990.
It was noted in the Report of Examination
and that you were being treated for an acute groin strain. You
s you felt were disqualifying at that time. On 19 April 1993,
and Surgery determined that you were not physically qualified
s Reserve because of possible irritable bowel syndrome
June 1993, pursuant to your request, by reason of your being
and declining to request referral to the Physical Evaluation
1993, you applied to the Department of Veterans Affairs (VA) for service
(IRS). You were dischar
found not physically q
Board. On 9 July
connection and disability mpensation for IBS, but were denied on several occasions, in part
because of an erroneous
training.
On 8 September 1998, a
evidence in your case was
it granted you service co
but the rating was increa
constant abdominal distr
effective from 9 July 19
sification of your active duty service as inactive duty for
ber of the Board of Veterans Appeals
least in equipoise ” as to the onset and origin of your IBS, and
0%)
on for that condition. The condition was initially rated at
10% and then 30% based on your subjective reports of nearly
nce the onset of your condition. The 30% rating was made
(BVA) found that the
The Board was not pers
service during the 23 Aug
service history of bowel
ADT, it is very likely th
and not aggravated by y
that you were unfit for d
is a prerequisite to
disabl
VA, which rates all
cond
are permitted to rate on t
issue of compensation for
release from ADT is a m
the Navy.
that your IBS condition was incurred in or aggravated by your
pre-
1989-5 February 1990 period. It noted that you had a
laints, and that had you been diagnosed with IBS while on
condition would have been classified as existing prior to entry
rvice.
In any event, the available records do not demonstrate
y reason of physical disability when released from ADT, which
ation or retirement. In this regard, it noted that unlike the
classifies as “service connected ”, the military departments
conditions which render a service member unfit for duty. The
deterioration of your condition which occurred following your
within the purview of the VA, rather than the Department of
In view of the foregoing,
members of the panel will e furnished upon request.
ur application has been denied.
The names and votes of the
circ
mstances of your case are such that favorable action cannot be
It is regretted that the
taken. You are entitled to ave the Board reconsider its decision upon submission of new
material evidence or other
atter not previously considered by the Board. In this regard,
important to keep in mind hat a presumption of regularity attaches to all official records.
Consequently, when
applicant to demonstrate the existence of probable material error or injustice.
applyi ’lg for a correction of an official naval record, the burden is on the
:
and
it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
AF | PDBR | CY2014 | PD-2014-01788
The bowel and hip conditions, characterized as “irritable bowel syndrome [IBS] with chronic pain and bloating” and “snapping hip syndrome,” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. Snapping Hip Syndrome . The DA Form 2173( Statement of Medical Examination and Duty Status ),dated 14 December 2005, noted complaints of bilateral hip pain during mobilization training in August 2004, with increasing hip pain due to the weight of gear and weight loss.
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It is limited to those conditions determined by the PEB to be unfitting for continued military service and those conditions identified but not determined to be unfitting by the PEB when specifically requested by the CI. Post-Separation) ConditionCodeRatingConditionCodeRatingExam Chronic Low Back Pain ...52370%Myofascial Pain, Lumbar Spine523710%20041008Bilateral Knee Pain ...5299-50030%Degenerative Disease , Bilateral Knees501010%20041008Irritable Bowel Syndrome Not UnfittingIrritable Bowel...
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The MEB forwarded degenerative joint disease (DJD), left shoulder, right knee pain, right ankle pain, stable complex partial seizure disorder, chronic right epididymitis, irritable bowel syndrome (IBS), hemorrhoidal disease, chronic tonsillitis and first degree AV block conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic left shoulder pain, chronic right knee pain and chronic right ankle pain conditions as unfitting, rated 10%, 0% and 0%...
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The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVASRDstandards to the unfitting medical condition at the time of separation. She reported GI symptoms 8 months out of the year. XXXXXXXXXXXXXXXPresidentDoD Physical Disability Board of Review
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After due deliberation, considering all of the evidence and mindful of VASRD §4.7 (higher of two evaluations), the Board recommends a disability rating of 10% for the IBS with chronic abdominal pain and diarrhea condition. Any abdominal disability from this condition was appropriately considered as a comprehensive abdominal condition under the CI’s unfitting 7319 abdominal condition discussed above. After due deliberation in consideration of the preponderance of the evidence, the Board...
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The CI was then medically separated. The Board directs attention to its rating recommendationbased on the above evidence.The PEB’s 10% rating was based on a combined 7319 code (IBS) and analogous 7323 code (ulcerative colitis).The VA assigned a 60% ratingunder an analogous 7323 code for Crohn’s disease deemed to be “severe; with numerous attacks a year and malnutrition, the health only fair during remissions.” However, the VA additionally assigned 10% for separately rated irritable bowel...
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AF | PDBR | CY2012 | PD2012 01869
The irritable bowel syndrome condition, characterized as not meeting standards was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.The MEB forwarded no other conditions to the PEB.ThePEB adjudicated irritable bowel syndrome as unfitting, rated 10%.The CI made no appeals and was medically separated. The VA rating determination dated 21 December 2005 stated“During VA examination ( dated 20050912; four months after separation ) you stated that you use Imodium about 8 times a day...
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STRs noted a consultation with rheumatology on 03 June 2003, six months prior to separation, which described a “constellation of symptoms compatible with fibromyalgia with chronic generalized pain, complications of fatigue, sleep disturbance and chronic depression.” Physical examination noted “typical trigger pointing noted in the cervical, scapular and lumbar regions of the spine.”An outpatient note on 24 July 2003reported “widespread muscle pain and fatigue,” back pain and neck pain, “hip...