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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON bc 20370-5100
JRE
Docket No. 08527-05
20 November 2006
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 November 2006.. 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.
The Board found that you served on active duty in the Marine
Corps from 23 June to 31 December 2003, when you were discharged
by reason of physical disability because of a pulmonary embolism,
which was rated at 10% by the Physical Evaluation Board. You
were assigned a reentry code of RE-3P, which is the most
favorable code authorized for Marines discharged by reason of
physical disability. That code is assigned to indicate that the
Marine in question requires a waiver of physical disqualification
in order to reenlist. The code does not preclude reenlistment.
On 30 April 2004, the Department of Veterans Affairs (VA) denied
your request for disability compensation for the pulmonary
embolism because there was no evidence of residuals of that
condition or any chronic lung disability in your service medical
records, and you did not report any symptoms when you underwent a
VA examination.
In the absence of evidence which demonstrates that your discharge
by reason of physical disability is erroneous or unjust, the
Board was unable to recommend any corrective action in your case.
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,
AF | PDBR | CY2009 | PD2009-00157
Chronic, Persistent Deep Venous Thrombosis/Recurrent Pulmonary Embolism/Hypercoagulable State requiring chronic use of anticoagulants: The CI served in the U.S. Marine Corps between 1987 and 1991 on active duty. VA treatment records revealed that in January 2009, the CI was admitted for another pulmonary embolism. Either condition alone would require Coumadin use.
AF | PDBR | CY2009 | PD2009-00685
CI CONTENTION : The CI requests review of his “separation findings and conclude a 60% disability rating due to my chronic pulmonary thromboembolism requiring anticoagulant therapy.” He additionally lists his VA service connected rating for scoliosis as per the rating chart below. Treatment records (civilian and military) from March 2001 to the time of the MEB two years later reflected recovery and absence of recurrent blood clots or pulmonary emboli (pulmonary thromboembolism). Other PEB...
AF | PDBR | CY2011 | PD2011-01048
Recurrent episodes of increased chest pain prompted evaluation for suspected recurrent pulmonary embolism in March 2000 and again in May 2001; however, pulmonary angiogram performed each time was negative for evidence of acute pulmonary embolism, chronic pulmonary embolism, or chronic pulmonary vascular disease. The evidence clearly establishes that, after the second pulmonary embolism in September 1999, the CI did not have recurrent or chronic pulmonary thromboembolism as specified in the...
NAVY | BCNR | CY2009 | 08350-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
ARMY | BCMR | CY2004 | 04106884C070208
The applicant provides a copy of a 16 November 1997 medical record, two physical profile reports, a DA Form 7349-R (Initial Medical Review – Annual Medical Certificate), a Noncommissioned Officer Evaluation Report (NCOER), an OKARNG Form 17-1 (Separation/Discharge/Inactive National Guard Request), a 2 April 2003 memorandum from an Oklahoma Army National Guard personnel officer, a 15 September 1997 cardiovascular clinic encounter form, a 27 October 1997 radiological report, a 30 June 2003...
AF | PDBR | CY2011 | PD2011-00561
The Physical Evaluation Board (PEB) (PEB) adjudicated chronic anti-coagulation secondary to recurrent pulmonary embolism as unfitting (service incurred and/or aggravated), rated 0%, with application of the Department of Defense Instruction (DoDI) 1332.39 and guidance from the US Army Physical Disability Agency (USAPDA). These are accordingly addressed below in addition to a review of the service rating for the unfitting chronic anti-coagulation secondary to recurrent pulmonary embolism...
AF | PDBR | CY2010 | PD2010-00658
The CI was referred to a Medical Evaluation Board (MEB). Right Knee Condition. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review Mr. XXXX’s records not be corrected to reflect a change in either his characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board.
AF | PDBR | CY2011 | PD2011-00560
The Board concluded that the evidence of the record did not support rating using the code for pulmonary vascular disease as there were no duty limiting respiratory symptoms and no evidence of chronic or recurrent pulmonary embolism. 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. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of...
NAVY | BCNR | CY2006 | 09780-06
A three-member pan~1 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2006. The member’s medical record and service record were not available for review.After careful review of all the available evidence and based on unanimous opinion, the Formal PEB finds the member is unfit for continued naval service because of physical disability due to BRONCHIAL ASTHMA. He expressed his belief that had he not done so his condition...
AF | PDBR | CY2013 | PD-2013-01201
The CI was on chronic immunosuppressive medications and had four (4) emergency department visits in the 2 years prior to separation that may be considered exacerbations of SLE (PE, dizziness, fatigue and chest wall pain). Given the CI’s kidney disease related to SLE, the VASRD note for rating under 6350, the VA’s rating at separation based on the treatment record and the totality of evidence in the case; the Board determined that the CI’s disability more nearly approximated the disability...