DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01495-08
26 January 2009
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 15 January 2009. 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 7 September 2007, the Physical
Evaluation Board (PEB) made preliminary findings that you were
unfit for duty because of a condition of your lower back, which
it rated at 20% disabling. On 28 September 2007, you accepted
those findings and waived your right to submit new evidence and
to demand a formal hearing before the PEB. Your case was
finalized by the President, PEB, on 5 October 2007, and you were
discharged with entitlement to severance pay on 15 January 2008.
On 1 April 2008, the Department of Veterans Affairs (VA) awarded
you a 20% rating for a spinal condition, 30% for benign
positional vertigo, separate ratings of 10% for tinnitus and
conditions of your right clavicle and shoulder, left shoulder,
left knee, right knee, and right ankle, and ratings of 0% for
seven other conditions, for a combined final rating of 70%.
The Board found that the VA rates all conditions listed in its
schedule for rating disabilities that were incurred in or
aggravated by a veteran’s period of service, and that it does so
without regard to the issue of the veteran’s fitness for
military service at the time of the veteran’s separation from
the service. The military departments are permitted to rate
only those conditions which render the service member unfit for
duty, or contribute to an unfitting condition and warrant a
separate rating, at the time of separation or retirement. The
Board concluded that there is insufficient objective evidence to
demonstrate that the benign positional vertigo or any of the
conditions rated by the VA at 0 and 10% disabling rendered you
unfit for duty or contributed to your unfitting spinal condition
prior to your discharge from the Navy. 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,
ea
W. DEAN PFE
Executive D ia
AF | PDBR | CY2014 | PD-2014-02096
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. Left shoulder arthrography and magnetic resonance imaging (MRI) of the left shoulderwere normal.A neurologic physical examination in January 2006 reported findings suggestive of thoracic outlet syndrome (upper...
AF | PDBR | CY2011 | PD2011-00031
All of these conditions should have been found to be separately unfitting, and I ask the Board to both find them unfitting and render appropriate military disability ratings for them.” He additionally lists all of his VA conditions and ratings as per the rating chart below. Other PEB Conditions . Service Treatment Record
AF | PDBR | CY2010 | PD2010-00015
The Formal PEB (FPEB) found the back pain and neck pain conditions unfitting, and rated them 10% each. The CI was thus medically separated with a 20% combined disability rating. In the matter of the migraine headaches, carpal tunnel syndrome, the ten other medically acceptable conditions cited in the MEB, and any other conditions eligible for Board consideration, the Board unanimously agrees that it cannot recommend any findings of unfit for additional rating at separation.
AF | PDBR | CY2011 | PD2011-00409
Flex (0-45)No goniometrics45° (50°, 52°, 56°)35⁰*Ext (0-45)No goniometrics45° (50°, 50°, 52°)45⁰R Lat Flex (0-45)No goniometrics35° (35°, 40°, 45°)40⁰*L Lat Flex (0-45)No goniometrics35° (35°, 40°, 45°)40⁰*R Rotation (0-80)No goniometrics50° (52°, 54°, 56°)80⁰L Rotation (0-80)No goniometrics50° (52°, 54°, 56°)60⁰*COMBINED (340)260⁰300⁰C-spine MRI- degenerative disc disease, osteoarthropathyTenderness centrally C3-7; Mild paraspinal tenderness; sharp pain with lateral left bending; Mild pain...
AF | PDBR | CY2009 | PD2009-00419
The CI had symptoms of myelopathy in all four extremities. At this time the CI had symptoms of right upper extremity radiculopathy. The diagnoses in his finding of unfitness were cervical spondylotic myelopathy status post spinal fusion C3-6, rather than cervical spondylosis status post spinal fusion, VASRD code 5241, rated at 20%; right (dominant) upper extremity motor and sensory radiculopathy associated with cervical spondylotic myelopathy status post spinal fusion C3-6, VASRD code...
NAVY | BCNR | CY2007 | 03478-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2008. 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...
AF | PDBR | CY2009 | PD2009-00542
The Vertigo and Left AC Shoulder Separation were determined to be medically unacceptable and the CI was referred to the Physical Evaluation Board (PEB), determined to be unfit for continued Naval service, and separated at 20% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. While the CI did have chronic low back pain there is insufficient evidence in the STR to determine this condition was unfitting at...
AF | PDBR | CY2009 | PD2009-00431
The CI was referred to the Physical Evaluation Board (PEB), found unfit for the condition, determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. While chronic vertigo with associated ataxia was the condition for which the CI was initially placed on TDRL, further diagnostic work-up revealed that her symptoms were due to chronic B12...
AF | PDBR | CY2009 | PD2009-00629
If the CI were instead rated under codes for vertigo and headache, the rating would be more favorable to the CI. Minority Opinion : The Action Officer recommends separate migraine headaches and vertigo coding and rating in this case regarding the very strong evidence of the migraine headaches and vertigo as separately unfitting conditions. To say that a 10% rating more accurately reflects the disability picture of the CI, rather than the use of an alternate scheme that rates the individual...
AF | PDBR | CY2013 | PD-2013-01738
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. To that end, the evidence for the left knee and right shoulder conditions are presented separately; with attendant recommendations regarding separate unfitness, and separate rating if indicated. At the VA C&P...