DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08400-07
6 August 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 31 July 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 on 24 May 2007, the Physical Evaluation
Board (PEB) determined that you were permanently unfit for duty
and entitled to a combined disability rating of 30%. A letter
notifying you of those findings was received at your home
address on 20 June 2007. Although you were released from a
hospital two days later, following a neurosurgical
procedure,there is no indication in the available records that
you were mentally incompetent at that time, or otherwise unable
to respond to the letter of notification from the PEB. As you
did not respond to the notification letter in a timely manner,
your case was finalized by the President, PEB, on 17 July 2007,
and you were permanently retired by reason of physical
disability with a combined disability rating of 30%.
The Board was not persuaded that you were entitled to a combined
disability rating in excess of 30% for your conditions of
fibromyalgia and patellofemoral arthritis, or that you had any
other ratable disabilities. In this regard, the Board noted
that a condition newly diagnosed during a Temporary Disability
Retired List (TDRL) examination are ratable upon finalization
only when the condition is unfitting and was caused by a
condition for which the member was placed on the TDRL or
directly related to its treatment. You have not demonstrated
that any such diagnoses were made during your tenure on the
TDRL. 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 | CY2010 | PD2010-00583
The Board, therefore, has no reasonable basis for recommending this condition as an additional unfitting condition for separation rating. These three conditions, and any other contended conditions not associated with the recommendations already rendered by the Board, remain eligible for consideration by the Air Force Board for Corrections of Military Records. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; TDRL at 50% for 6 months following...
NAVY | BCNR | CY2008 | 03988-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 2 oO oe
AF | PDBR | CY2011 | PD2011-00339
The most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case are the TDRL narrative summary (NARSUM), performed eleven months prior to TDRL exit, the FPEB testimony recorded on the FPEB rationale, the VA psychiatric exam performed four months after TDRL exit, and several VA outpatient notes within one year of TDRL exit that contribute to the CI’s impairment picture at final separation. The examiner diagnosed major depressive disorder...
NAVY | BCNR | CY2007 | 00878-07
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 released from active duty on 28 February 2002 and transferred to the...
AF | PDBR | CY2010 | PD2010-00317
The severity of the CI’s symptoms at the time of the MEB psychiatric NARSUM three months prior to separation was documented as moderate by the examiner. He denied suicidal ideation, but had thoughts of hurting others. Pre-separation documentation records satisfactory performance of duties, and VA evidence 11 to 15 months post-separation reflects status as a full-time student (the later C&P examination in December 2008 documented CI report of difficulties with school due to his symptoms).
AF | PDBR | CY2009 | PD2009-00627
The informal PEB adjudicated the PTSD condition as unfitting and rated 10%; with apparent application of DoDI 1332.39 E2.A1.5 which was in effect at the time of the PEB. Therefore the CI had no VA rated medical condition until 16 months after separation (applied retrospectively). After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation...
AF | PDBR | CY2013 | PD2013 00646
The CI’s anxiety disorder, NOS and PTSD symptoms persisted and he was referred for a MEB. The Board agreed at the time of permanent separation (TDRL exit) the record adequately demonstrated that the CI had only one flare-up in 11 months,continued in treatment for UC, and was responding to treatment. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were...
ARMY | BCMR | CY2011 | 20110005592
On 10 September 2001, the applicant was discharged due to physical disability and awarded severance pay. The PEB indicated that she had to be rated in accordance with the evidence in the case file and at that time it supported a 30% rating. Accordingly, to correct an injustice, the advisory official recommends correction of the applicant's military records to reflect that on 10 September 2001, the applicant was placed on the TDRL and rated at 50% disabled; and that on 10 March 2002, 6...
AF | PDBR | CY2009 | PD2009-00427
The CI was therefore medically separated with a 10% disability rating. Asthma Condition . Given the consistent record of the CI’s being prescribed and using daily medication, the CI meets the 30% criteria of “daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication.” All evidence considered, the Board recommends coding 6602 at 30% as the fair, permanent separation rating for Asthma in this case.
AF | PDBR | CY2009 | PD2009-00227
At the VA examination 2 months after separation, the CI was non-compliant with PTSD medications and continued with substance abuse (Alcohol, Cocaine, and Marijuana). The CI’s vertigo was noted in the NARSUM and multiple treatment notes. RECOMMENDATION : The Board recommends that the CI’s prior separation be recharacterized to reflect that, rather than discharge with severance pay, the CI was placed on the TDRL at 60% for a period of 6 months (PTSD at 50% IAW §4.129 and DoD direction) and...