DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07375-08
10 June 2009
‘
Dear ae... of
This is in reference to your application for correction of your.
naval record pursvant 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 14 May 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 you were discharged from the Marine Corps
on 25 September 1992 by reason of expiration of enlistment. As
you were not permitted to reenlist at that time, you received
separation pay in the amount of $16,605.11. Effective 11 March
1996, the Department of Veterans Affairs (VA) awarded you
disability ratings of 10% for residuais of a shoulder injury,
and 0% for residuals of a wrist injury. The rating for the
shoulder condition was increased to 20% effective 3 January
2005, and the rating for the wrist condition was increased to
10% effective 17 January 2006.
In order to be separated or retired by reason of physical
disability, a service member must be unfit to reasonably perform
the duties of his office, grade, rank or rating by reason of
physical disability. There is no indication in your naval
record that you were unfit for duty on 25 September 1992. The
fact that the VA awarded you disability ratings for two minor
conditions more than three years later is not probative of the
existence of error or injustice in your naval record, because
those ratings were assigned without regard to the issue of your
fitness for military duty on the date of your discharge.
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,
ARMY | BCMR | CY2009 | 20090021982
He was rated 20 percent disabled due to his left shoulder according to a Medical Examination for Disability Evaluation dated 5 May 1993; however, the applicant stated the left shoulder had been rated at 10 percent. The VA Schedule for Rating Disabilities (VASRD) is the standard under which percentage rating decisions are to be made for disabled military personnel. The award of a VA rating or an increase of a VA rating does not establish entitlement to a higher Army disability rating,...
AF | PDBR | CY2010 | PD2010-00031
The right shoulder injury as well as left knee pain, right wrist pain and foot pain were addressed in the narrative summary (NARSUM) and forwarded to the Physical Evaluation Board (PEB) on the DA Form 3947 as medically unacceptable IAW AR 40-501. Right Shoulder Condition . Right Shoulder Condition5003-520120% COMBINED20% ______________________________________________________________________________
AF | PDBR | CY2009 | PD2009-00480
He was on two periods of limited duty for his right shoulder and he was then referred to the Navy Physical Evaluation Board (PEB). Other conditions rated by the VA (left knee, right knee and Anxiety Disorder) as well as heart condition and right wrist not rated by the VA appear to be what the CI is contending for in addition to re-rating his right shoulder. Service Treatment Record.
ARMY | BCMR | CY2003 | 03096854C070212
The applicant requests physical disability retirement with a disability rating of 100 percent. A 30 August 1999 report of medical examination depicts the applicant's various medical conditions, to include bilateral weakness in arms/forearms, degenerative joint disease to his back, knees, and ankles, and bilateral ankle pain. The applicant had pain to his back, knee, right ankle, and left wrist, as a result of his various injuries; consequently, the PEB determined that he be rated as 20...
AF | PDBR | CY2013 | PD-2013-01969
The Board agreed that the evidence supports the 20% rating according to the VASRD spine rating rules in effect at the time of separation for flexion greater than 30 degrees and not greater than 60 degrees and also for muscle spasm associated with an abnormal gait.The Board deliberated if a higher evaluation was supported by the ROM evidence with consideration of the C&P examination 9 months after separation. Right wrist . At the MEB examination the CI reported right wrist pain.
AF | PDBR | CY2011 | PD2011-00614
Shoulders (Left and Right) Condition . In the matter of the “pain left elbow, left wrist, shoulders (bilateral), and left knee; (sleep disruption)” condition, the Board unanimously recommends that the left wrist condition and sleep disorder be determined as not unfitting, and that it be rated for multiple separate unfitting conditions as follows: left elbow condition coded 8616, rated 10% IAW VASRD §4.124a and VASRD §4.71a. Right Shoulder (Major) Pain with Recurrent...
AF | PDBR | CY2010 | PD2010-00021
Other Conditions . In the matter of the Bell’s Palsy and anomalous CN regeneration condition, the Board recommends by a vote of 2:1 a rating of 20% coded 8399-8307 (Neuritis CN VII as incomplete, severe) IAW VASRD §4.124a. In the matter of the Hypertension, Hypercholesterolemia, Herpetic Whitlow, Hip, Knee Shoulder and Wrist Pain, Neck Pain, Left Shoulder Pain, PRK, Rectal bleeding, Pain in Chest, Migraine Headaches and Allergic Rhinitis conditions or any other medical conditions eligible...
ARMY | BCMR | CY2013 | 20130020093
He requests ratings for unfitting conditions that were not rated and injuries not evaluated at the time of his separation. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. He provided service medical records, dated 2000 to 2002, which show he was treated for: * left wrist pain no injury noted * low back pain * neck pain * shoulder pain 4.
NAVY | BCNR | CY2008 | 07805-08
Board for Correction of Naval BR three-member panel of the on, considered your Records, sitting in executive sessi application on 25 June 2009. Documentary idered by the Board consisted material consi 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...
However, he has provided copies of the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) proceedings. A complete copy of the Medical Consultant’s evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the evaluation was forwarded to the applicant on 28 July 2000, for review and response within 30 days (Exhibit E). Although the PEB, conducted on 29 August 1994, considered...