DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10300-08
12 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER Sinisa
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that her naval record be
corrected to show that she was honorably discharged by reason of
physical disability.
2. The Board, consisting of Messrs. i. ae 2
<<. reviewed Petitioner's allegations of error ana
injustice on 4 December 2008 and, pursuant to its regulations,
determined that the partial corrective action indicated below
should be taken on the available evidence of record. Documentary
material considered by the Board consisted of the enclosures,
naval records, and applicable statutes, regulations and
policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner underwent a pre-enlistment physical examination
on 30 May 2003, and completed a Report of Medical History in
which she concealed her history of knee right injuries,
reconstructive knee surgery, and pain. She enlisted in the Navy
Reserve on 30 May 2003. On 3 August 2003 she enlisted in the
Navy under the provisions of the Navy College Assistance Student
Head Start (NAVYCASH) program, which permitted her to attend
college in an active duty status for up to twelve months before
reporting for recruit training. She reported to the Recruit
Training Command, Great Lakes, Illinois, on 26 May 2004.
Shortly after reporting sought medical care for knee pain and
disclosed her pre-service history of knee injury and corrective
surgical procedures. She denied sustaining any significant
trauma to her knees while on active duty. On 29 June 2004, she
was discharged from the Navy by reason of erroneous entry/failed
to meet medical/physical procurement standards due to her pre-
existing right knee condition. AS a result of administrative
error, she received an uncharacterized entry level separation.
In a rating decision dated 24 February 2005, the Department of
Veterans Affairs (VA) granted Petitioner’s request for service
connection and disability compensation for osteoarthritis of the
right knee. The award was based on the unsubstantiated
conclusion of a VA physician that “while she had some degree of
osteoarthritis prior to entering into active duty [sic]
certainly worsened the arthritis”. The rating decision indicates
that there was evidence of early arthritis and subjective pain
in the knee, but minimal objective evidence of impairment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner has failed to submit sufficient
relevant evidence to demonstrate that she was unfit for duty by
reason of physical disability that was incurred in or aggravated
by her active naval service. Her receipt of disability
compensation from the VA is not probative of the existence of
error or injustice in her naval record because VA rating
determinations are not binding on the Department of the Navy.
The Board also concludes that in view of the fraudulent nature
of Petitioner’s enlistment, it would not be in the interest of
justice to grant her military disability benefits under any
circumstances. Accordingly, the Board denied Petitioner’s
request for correction of her record to show that she was
separated from the Navy by reason of physical disability.
As Petitioner was no longer in an entry level status when
separation action was initiated in her case, her service should
have been characterized.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 29 June 2004, she was honorably discharged by reason of
erroneous entry,failed medical/physical procurement standards,
and assigned a reentry code of RE-4.
b. That so much of Petitioner's request for correction of her
naval record as exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings if the above entitled matter.
AMES R. ICIOS
Acting Recorder
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
\ Dwain |
W. DEAN PFEINWF
AF | PDBR | CY2009 | PD2009-00692
No other conditions were service connected with a compensable rating by the VA within twelve months of separation or contended by the CI. In the matter of any other medical conditions eligible for Board consideration, the Board unanimously agrees that it cannot recommend any findings of unfit for additional rating at separation. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability...
AF | PDBR | CY2013 | PD-2013-01429
No other conditions were submitted by the MEB.The Informal PEB adjudicated chronic pain, left knee as unfitting, rated at 10%,cited application of the US Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals and was medically separated. Post-Separation) ConditionCodeRatingConditionCodeRatingExam Chronic Pain, Left Knee… 5099-500310%Left Knee DJD500310%20040609Other x 0 (Not in Scope)Other x 1 (Not in Scope)20040609 Rating: 10%Rating: 10%Derived from VA Rating Decision...
AF | PDBR | CY2014 | PD-2014-00766
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. At the MEB examination on 11 May 2004, 10 months prior to separation, the CI complained of painful bilateral shoulders (which popped all the time), constant back pain, foot pain, tender “knots” on both of the knees,...
AF | PDBR | CY2011 | PD2011-00513
In TDRL cases, the Board must also adhere to the DES standard that only those conditions which were present and unfitting at the time of temporary retirement may be considered for compensation and rating at the time of permanent separation or retirement. Left Knee Condition. The VA reviewed both of these examinations as well as its own C&P examination and determined an overall 30% rating.
AF | PDBR | CY2009 | PD2009-00657
The CI was referred to the Physical Evaluation Board (PEB), determined unfit for continued Naval service, and separated at a 20% combined disability using the Veterans Affairs Schedule for Rating Disabilities (VASRD) and applicable Naval and Department of Defense regulations. The Board rates unfitting conditions based on the medical evidence of functional impairment IAW the VASRD. Prior to 2008 the military service PEBs generally did not recognize pain limited range of motion or painful...
AF | PDBR | CY2011 | PD2011-00438
Neither the MEB examiner, nor the VA examiner documented that the CI had frequent episodes of locking or effusions in the knee and there was no evidence of dislocated meniscus following surgical meniscectomy. At the time of the MEB examination, the CI reported occasional numbness in her hands on the DD Form 2807. SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXXXXX, AR20120004761 (PD201100438)
AF | PDBR | CY2013 | PD-2013-01365
At retention physical dated 4 September 2002, the examiner documented a prior history of bilateral hip osteoarthritis, a 2001 right hip replacement, and noted “decreased ROM left hip” (no measurements were documented). Thus, the Board cannot recommend a separate service rating for this condition. In the matter of the osteoarthritis bilateral knees condition, the Board unanimously determined that neither knee was separately unfitting and that the condition EPTS and was not permanently...
AF | PDBR | CY2011 | PD2011-00716
(2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings for unfitting conditions will be reviewed in all cases. At the VA Compensation and Pension (C&P) exam, performed 5 months after separation, the CI reported pain in the left knee on an intermittent basis without loss of motion, and confirmed that...
AF | PDBR | CY2013 | PD-2013-02422
She reported “some ‘give way’ symptoms approximately five to six times per week” and “some catching but no true locking.” The MEB physical exam (DD Form 2808 dated 18 November 2005; 7 months prior to separation) documented left knee mild diffuse swelling with multiple scars. The NARSUM dated 25 April 2006 (2 months prior to separation) referenced the orthopedic consult exam findings above and documented active ROM that was -3 to 122 degrees symmetrically on both knees (normal 0-140 degrees)...
AF | PDBR | CY2011 | PD2011-00123
The PEB adjudicated “left knee pain with grade II chondromalacia” condition as unfitting, rated 10%, with application of the VA Schedule for Rating Disabilities (VASRD) and possible application of the US Army Physical Disability Agency pain policy and DoDI 1332.39. Left Knee Condition . MEMORANDUM FOR Commander, US Army Physical Disability Agency