DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05996-04
3 October 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER - __
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
End: (1) DD Form 149
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board requesting,
in effect, that the applicable naval record be corrected to show that she
was permanently retired by reason of physical disability, with a combined
rating of 40% under Department of Veterans Affairs (VA) Schedule for Rating
Disabilities codes 8726 at 30%, and 5299/5003 at 10%.
2. The Board, consisting of Ms. Davies and Messrs. Boyd and Schultz,
reviewed Petitioner’s allegations of error and injustice on 25 August 2005,
and pursuant to its regulations, determined that the corrective action
indicated below should be taken on the available evidence of record.
Documentary material considered by the Board consisted of the enclosures,
naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations within
the.Department of the Navy.
b. Petitioner served on active duty in the Navy from 9 February
1994 to 13 August 2004, when she was discharged by reason of physical
disability with a rating of 20% under VA code 8799-8726, for reflex
sympathetic dystrophy (RSD) of the right lower extremity, rated by analogy
to moderately severe,
incomplete paralysis of the femoral nerve. That condition was manifested by
discoloration of her leg, a limping gait, and pain that limited her ability
to stand, walk, squat, lift heavy equipment and use the tools required in
her rating. The pain was moderated but not controlled by the use of
narcotic pain medication and multiple nerve blocks.
c. On 25 March 2005, the VA awarded Petitioner the following
disability ratings: 20%, RSD, right lower extremity; 20%, degenerative
joint disease, lumbar spine; 10%, limitation of extension, right knee; 10%,
limitation of flexion, right knee; and 10%, migraine headaches. VA rating
officials noted that the RSD had been rated by analogy to incomplete
paralysis of the femoral nerve because the VA rating schedule does not
contain a code for RSD.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that although the manifestations of reflex sympathetic dystrophy
in Petitioner’s did not meet the criteria for a rating in excess of 20%
under VA code 8726, for incomplete paralysis of the femoral nerve, a 20%
does not adequately reflect the degree of impairment associated with the
reflex sympathetic dystrophy, and the rating should be increased. As the
Board was not persuaded that Petitioner’s migraine headaches, a knee
condition, or degenerative joint disease rendered her unfit for duty, there
is no basis for recommending that she be assigned a disability rating f or
any of those conditions.
In view of the foregoing, the Board finds the existence of an injustice
warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that she was
not discharged from the Navy on 13 August 2004.
b. That Petitioner’s naval record be further corrected to show that
she was released from active duty on 13 August 2004, and transferred to the
Temporary Disability Retired List on 14 August 2004, pursuant to 10 U.S.
Code 1202, with a 30% disability rating under VA code 5299-5284, for reflex
sympathetic dystrophy, right lower extremity, rated by analogy to foot
injuries, other, severe.
c. That so much of her request for correction of her naval record
as exceeds the foregoing be denied.
d. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
4. It is certified that a quorum was present at the Board’s review and
deliberations, and that the foregoing is a true and complete record of the
Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN ES R. EXNICIOS
Recorder cting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the foregoing
corrective action, taken under the authority of reference (a), has been
approved by the Board on behalf of the Secretary of the Navy.
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