DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03478-07
6 May 2008
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 1 May 2008. 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,
The Board found that on 28 January 2005, the Physical Evaluation
Board (PEB) made preliminary findings that you were unfit for
duty by reason of bilateral knee conditions, each of which was
rated at 10%. you rejected those findings on 2 March 2005 and
demanded a formal hearing. On 10 March 2005, an addendum to
your medical evaluation board report was drafted to address your
complaints of bilateral] shoulder pain, chronic low back pain and
bilateral carpal tunnel syndrome. You withdrew your demand for
a hearing on 11 April 2005, and accepted the findings of the
PEB. Those findings were approved on 14 April 2005, ana you were
discharged with entitlement to disability severance pay on 31
May 2005. On 6 September 2005, the Department of Veterans
Affairs (VA) awarded you 10% ratings for arthritis of the right
knee, an osteochondral defect of the left knee, and bilateral
tendonitis of the shoulders, and 0% ratings for conditions of
your wrists, lumbar and thoracic spine, and pseudofolliculitis
barbae.
The MRI report you submitted with your application was
apparently considered by the PEB, as a copy of that report is
filed in your Disability Evaluation Proceedings. It is unclear
whether or not the 10 March 2005 addendum to the medical
evaluation board was approved and forwarded to the PEB for
review; however, that issue is moot in view of your acceptance
of the findings of the PEB and withdrawal of your demand for a
formal hearing.
The fact that the VA awarded you disability ratings for
bilateral shoulder conditions is not probative of the existence
of material error or injustice in your naval record, because the
VA made that award without regard to the issue of fitness for
military duty vis-a-vis the shoulder conditions. As the Board
was not persuaded that the bilateral shoulder conditions
rendered you unfit for duty, or contributed to your unfitting
knee conditions, it 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,
Weal
W. DEAN PF R
Executive D tor
AF | PDBR | CY2009 | PD2009-00054
The medical basis for the separation was chronic low back pain (LBP) and multiple painful joints (Bilateral degenerative joint disease [DJD] of hips and knees as well as the left ankle) without any history of trauma. NARSUM (date 20020917): CHIEF COMPLAINT: This is a 26-year-old male with two-year history of bilateral shoulder pain, back pain, bilateral hip pain, bilateral knee pain left greater than right, and left ankle pain. The MEB diagnosis #1 (Medically Unacceptable) described...
AF | PDBR | CY2012 | PD-2012-01245
The NARSUM documented a normal neurological examination and ROM. The conditions adjudicated as not unfitting by the PEB and that were also contended by the CI are right foot pain secondary to pes planus, plantar fasciitis, and fractured 4th phalanx, right shoulder bursitis, bilateral knee osteoarthritis, and DDD of the cervical spine. An MRI of the left knee on 8 May 2006 (2 months prior to separation) was normal.
AF | PDBR | CY2014 | PD-2014-00808
Post-Separation) ConditionCodeRatingConditionCodeRatingExam Chronic Cervical Strain523710%Cervical Strain523710%20060620Bilateral Knees and 1 st Metatarsophalangeal Joint, DJD500310%Left Knee Strain526010%20060620Right Knee Strain526010%20060620DJD, Bilateral Great Toes500310%20060620Chronic Right Shoulder Pain Secondary to Impingement Syndrome5099-50030%Right Shoulder Impingement Syndrome520110%20060620Depressive Disorder, NOSNot UnfittingAnxiety Disorder941330%20060607Other x 2 (Not in...
AF | PDBR | CY2014 | PD-2014-00894
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. There was no right knee instability noted at the MEB exam. In the matter of the bilateral knee pain condition, the Board unanimously recommends that each joint be separately adjudicated as follows: an unfitting right knee pain condition coded 5003 and rated 10%, and an...
AF | PDBR | CY2013 | PD-2013-01720
Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Pain in Multiple Locations Including Bilateral Peroneal Tendon Subluxation s/p Repair on the Right, Bilateral Knee Pain and Right Shoulder Pain5099-500320%Patellofemoral Pain Syndrome, Right Knee5099-501410%20051017Right Shoulder Biceps Tendonitis5099-502410%20051017Peroneal Tendon Subluxation, Left Ankle5099-527110%20051017Surgical Residuals, Right Ankle5099-527210%20051017Other x 0 (Not in Scope)Other x 6 Rating:...
AF | PDBR | CY2013 | PD-2013-01061
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The VA C&P examination summarized the CI’s prior right knee injury noting no specific or additional complaints. The condition was not listed on the permanent profile nor implicated in the commander’s statement.After...
AF | PDBR | CY2013 | PD-2013-02335
The VA rated the shoulder condition 10%, for a code not available for review by the Board.The Board directs attention to its fitting and rating recommendations based on the above evidence. Right and Left knee conditions .The Board will discuss the clinical findings of both conditions together, as they are combined in the record, but then separate them for fitting and rating considerations.The CI had a long history of bilateral knee pain, the right greater than the left, with an associated...
AF | PDBR | CY2014 | PD-2014-00747
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The VA rated the condition analogously to code 5242 at 10%, citing the range-of-motion (ROM) measurements done at the C&P examination.The limitation of motion at the MEB examination supported the 20% rating adjudicated...
NAVY | BCNR | CY2001 | 08366-00
TO SUPPORT HIS REQUEST THE MEMBER PRESENTED TESTIMONY AND COPIES OF HIS V.A. THE RECORD DOCUMENTS THAT THE MEMBER HAD CHRONIC LEFT SHOULDER KNEE, AND FOOT PAIN THAT LIMITED HIS ACTIVITIES DUE TO THE ABOVE DIAGNOSES. THE TDRL EVALUATION INDICATES THAT SINCE PLACEMENT ON THE TDRL THE MEMBER HAS UNDERGONE A LEFT ROTATOR CUFF REPAIR IN OCTOBER 1998 BUT CONTINUES TO HAVE CHRONIC SHOULDER PAIN.
ARMY | BCMR | CY2008 | 20080016168
The Agencys Legal Advisor notes that they were both rated under the USAPDAs pain policy, as there was no direct VA rating code for joint pain. The evidence of record shows that on 22 October 2007 an informal PEB found the applicants chronic pain, left knee and right shoulder, and bilateral plantar fasciitis as not meeting medical retention standards. Since there is no evidence of record to show that the applicant's medical conditions in question at the time were found medically...