DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORMRE
2 NAVY ANNEX Docket No. 08316-08
WASHINGTON DCG 20370-5100 25 February 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 12 February 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 underwent a pre-enlistment physical
examination on 27 January 1996, and completed a Standard Form
(SF) 93, Report of Medical History on that date in which
disclosed a history of hay fever, and denied a history of fits,
nervous trouble of any sort, eye trouble, and any other illness
or injury. You enlisted in the Navy on 19 June 1996. On 7 March
1997 you were evaluated for a possible seizure disorder, and you
disclosed that you had had a history of similar symptoms since
before you were 10 years of age. A record entry dated 11 April
1997 indicates that you had a ten-year history of seizure type
movements of the facial muscles which occurred on a daily basis,
and that you were unable to see and experienced double vision
during the episodes, which lasted 30-90 minutes. On 16 May
1997, a medical officer described your atypical face, eye and
neck movements as “quite profound”. The movements included eyes
looking up, shaking of the head, hitting the head with a hand,
and frequent blinking. A medical record entry dated 13 June
1997 indicates that your vocal and motor tics had begun at about
age 7 and had been consistent since then, without remission for
any period of time. You apparently averaged 3-4 tics daily, but
could have more when exacerbated by stress or anxiety. You also
disclosed that you had a ritualistic compulsion to “end on an
even number”. You stated that you had to go through a doorway
twice, for example, and could not tolerate doing anything an odd
number of times. You stated that you would freeze if anyone
touched you only once. You also disclosed that your mother told
you that you might have been diagnosed with attention deficit
hyperactivity disorder as a child. On 16 May 1997, a medical
board gave you diagnoses of incapacitating movements of the
face, neck and eyes, obsessive compulsive disorder, and possible
Tourette’e syndrome, and recommended that your case be referred
to the Physical Evaluation Board. You were honorably discharged
on 17 October 1997 by reason of “DISABILITY EXISTED PRIOR TO
SERVICE”, without entitlement to disability benefits
administered by the Department the Navy.
As a preliminary matter, the Board found that changing the
narrative reason for your separation would not eliminate the
requirement that you obtain a waiver of your history of
obsessive-compulsive disorder and incapacitating movements of
the face, neck and eyes in order to be eligible for enlistment.
It was clear to the Board that prior to enlisting, you suffered
from at least two conditions that were likely to interfere with
your ability to effectively perform military duties. Had you
disclosed those conditions when you completed a Report of
Medical History on 27 January 1996, it is unlikely that you
would have been permitted to enlist. In the Board's opinion,
the diagnosis of possible Tourette's syndrome is little or no
significance in your case, given the diagnoses of obsessive-
compulsive disorder and incapacitating facial, neck and eye
movements, which rendered you unfit for duty.
As you have not demonstrated that your discharge by reason of
pre-existing physical disability is erroneous or unjust, the
Board 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 ig 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,
W. DEAN PFETIE’E
Executive Dilvect
AF | PDBR | CY2009 | PD2009-00111
The CI was referred to the Navy Physical Evaluation Board (PEB) and determined unfit for continued Naval service. He revealed his anxiety disorder on his commissioning physical but denied any symptoms at the time and the condition was considered resolved. The CI’s condition worsened over time and the VA increased his rating to 50% effective two years after he separated from the Navy.
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...
AF | PDBR | CY2012 | PD2012 01600
The PEB assigned a 10% rating for the conversion disorder, factitious disorder condition coded 9434; and listed pseudoseizures and malingering as related conditions.The VA assigned a 100% rating for partial onset seizures under an analogous 8910 code (epilepsy, grand mal); and a 10% rating for adjustment disorder with anxiety citing treatment for an adjustment disorder in 2001.The C&P examiner and VA neurology consultant both expressed uncertainty about the neurologic vs. psychiatric...
ARMY | BCMR | CY2001 | 2001063506C070421
On 4 January 1996, the applicant underwent a medical evaluation board (MEB). On 16 April 1996, an informal PEB found the applicant to be physically unfit due to probable acute zonal occult outer retinopathy with suspected glaucoma, strabismus, and facial neuralgia, Veterans Affairs Schedule of Rating Disabilities (VASRD) codes 6099 (diseases of the eye, unlisted conditions), 6006 (retinitis), and 6078 (impairment of central visual acuity, vision in one eye 20/100). On 30 October 2001, a...
AF | PDBR | CY2012 | PD 2012 01595
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends no change in the rating for placement onto TDRL, however for the permanent rating recommends separate disability ratings of 10% for the migraine headache condition and 10% for the atypical facial pain condition. The Board unanimously recommends to decouple the migraine headache condition from the atypical facial pain condition and further unanimously recommends separate...
AF | PDBR | CY2011 | PD2011-00596
The PEB adjudicated the mild cognitive dysfunction condition as unfitting, rated 10%; with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). A general C&P exam 10 months prior to separation, stated that in addition to his daily headaches and dizziness, the CI had experienced ten episodes of syncope over the past year, had not been able to work since the head injury, and had “significant functional impairment as he cannot concentrate,” although he was...
ARMY | BCMR | CY2013 | 20130001698
On 16 May 2003, an MEB convened, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the medically-unacceptable condition of seizure disorder. His MEB indicated that he had only one condition that did not meet medical retention standards: seizure disorder. The applicant and his counsel provided insufficient evidence that the applicant was diagnosed with the conditions of PTSD and TBI, and/or that...
AF | PDBR | CY2009 | PD2009-00144
The PEB determined he was unfit for continued military service and he was then separated with a 10% disability for Obsessive Compulsive Disorder and Panic Disorder with Agoraphobia symptoms using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Coast Guard and Department of Defense regulations. CI CONTENTION : The rating should be changed because the percent given me did not match my condition at the time and my condition now. These symptoms included weekly...
AF | PDBR | CY2013 | PD-2013-01944
SEPARATION DATE: 20050701 Treatment with Myobloc seemed ineffective.On examination, the CI had severe cervical dystonia with laterocollis and frequent head turning to the right with flexion of the neck and some secondary movement of the arms. In the matter of the cervical dystonia condition, the Board unanimously recommends adisability rating of 30%, coded 8103 IAW VASRD §4.124a.There were no other conditions within the Board’s scope of review for consideration.
USMC | DRB | 2005_Marine | MD0501226
PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or from an attached document/letter to the Board:“Application for correction of military record under the provisions of title 10, U. S. code, section 1552 (5, 6) Application for the review of discharge from the Armed Forces of the Unites States (6):I, R_ E_ K_(Applicant), would like to request that my discharge determination of Other than Honorable be changed to a Medical...