DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09901-08
23 March 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 19 March 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. The Board was unable to obtain a copy
of your naval health record or the contents of your Department
of Veterans Affairs (VA) claims folder from the VA, which has
custody of those records.
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 22 October 2007, the Physical Evaluation
Board (PEB) made preliminary findings that you were unfit for
duty due to left rotator cuff tendonitis, low back pain, ana
right rotator cuff tear status/post repair, rated at 20%, 10%
and 10%, respectively under VA code 5303. The PEB reconsidered
those findings at your «request, and added a 10% rating for
carpal tunnel syndrome under VA code 8615, for a combined rating
of 50%. Ina letter dated 7 January 2008, you stated that you
agreed with the reconsidered findings, and had advised your Navy
attorney to accept them for you. You were released from active
duty on 28 April 2008 and permanently retired by reason of
physical disability in accordance with the approved findings of
the PEB.
The Board was not persuaded that you were unfit to reasonably
perform the duties of your office, grade, rank or rating by
reason of physical disability due to sleep apnea, or that the
disability ratings you received from the PEB are erroneous.
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 | CY2013 | PD2013 00500
RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: xxxxxxxxxxxxxxxxxxxx CASE: PD1300500 BRANCH OF SERVICE: AIR FORCE BOARD DATE: 20130827 No other conditions were submitted by the MEB.The PEB adjudicated “left shoulder bidirectional instability due to left anterior labral tear and type II SLAP tear”as unfitting, rated 20%,with cited application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals, and was medically separated. Although there was...
AF | PDBR | CY2009 | PD2009-00403
The VA rated his shoulder as a separate condition as described below. Right Shoulder Pain/Impingement: The VA examination on 20081105 documented Pain to palpation of the right shoulder, painful motion of right shoulder, and crepitation in right shoulder.
ARMY | BCMR | CY2009 | 20090016459
The advisory official recommended no change to the applicant's military records. A subsequent VA compensation for other conditions is not evidence of a PEB error. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service.
AF | PDBR | CY2011 | PD2011-00353
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the time of separation. Neither the MEB nor the VA exam documented compensable ROM impairment of the left knee under 5260, limitation of flexion, coding. Service Treatment Record
AF | PDBR | CY2014 | PD-2014-00017
Right Shoulder Pain Condition . Both the PEB and VA rated the peripheral nerve condition using code 8722 at 10% (Neuralgia of the musculocutaneous nerve; “moderate”). Later VA ratings corrected the nerve code to 8517 for partial paralysis of the musculocutaneous nerve in the upper extremity.
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,...
NAVY | BCNR | CY2010 | 02530-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 January 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
AF | PDBR | CY2013 | PD-2013-02476
The ROM was limited by pain. Moreover, the Board noted that the signs and symptoms for a severe level of muscle injury under VASRD §4.56 (evaluation of muscle disabilities) were not present. RECOMMENDATION : The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.
AF | PDBR | CY2012 | PD2012-00407
Left Knee Condition. Left Shoulder Condition. In the matter of the left shoulder rotator cuff tear condition, the Board unanimously recommends a disability rating of 10%, coded 5299-5201 IAW VASRD §4.71a.
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