DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07447-07
1 July 2008
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 26 June 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,
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 were permanently retired by reason of
physical disability on 1 January 1983 due to renal insufficiency
and related condition, which were rated at 30% disabling under
Veterans Administration (VA) code 7509-7500. Effective 17
November 1979, the VA awarded you disability ratings of 30% for
renal insufficiency with hydronephrosis, chronic pyelonephritis,
urethral stricture and hypertension with heart block, and 0% for
gout. The combined rating was increased to 70% effective 21
July 1993. On 12 December 2005, the VA added a separate rating
of 60% for hypertension with heart block.
The Board found that although the VA may adjust disability
ratings throughout a veteran’s lifetime to account for changes
in the severity of rated conditions that occur over time, rating
determinations made by the military departments are fixed as of
the date of a service member’s separation or permanent
retirement, in the absence of evidence of material error or
injustice. As you have not demonstrated that your kidney
condition should have been rated above 30% disabling when you
were permanently retired in 1983, or that you were entitled to a
separate rating for hypertension, there is no basis for the
Board to direct 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,
\
Executive Dir
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