DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12082-08
5 dune 2009
——
This ig 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 29 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 enlisted in the Navy on 12 October
1982. On 23 May 1985, a medical board gave you diagnoses of
fractured left tibia and fibula, and fractured right tibia.
Although the corpus of the medical board report does not
indicate that those conditions became worse beyond normal
progression during your naval service, a code on the medical
board cover sheet indicates that the conditions were service
aggravated. On 26 August 1985, the Physical Evaluation Board
(PEB) made preliminary findings that you were unfit for duty
because of the residuals of the leg fractures, and:that the
disability was not ratable because it was not incurred in or
aggravated by your naval service. You accepted the recommended
findings of the PEB on 29 August 1985, and waived your right to
a hearing before the PEB. You were discharged without
entitiement to disability benefits on 28 October 1985.
The Board was not persuaded that the residuals of your pre-
existing leg injuries were incurred in or aggravated by your
naval service. As noted above, you apparently agreed with that
determination in 1985, as you accepted the findings of the PEB
and did not demand a hearing. In the absence of evidence which
demonstrates that your disability was aggravated by your
service, 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 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,
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ARMY | BCMR | CY2011 | 20110019625
The applicant states: * it was determined without any supporting evidence that his medical disqualification existed prior to service * he was given no medical treatment * his diagnosed osteomyelitis should be found to have been incurred in or aggravated by service * the conclusions of the medical evaluation board (MEB) that his osteomyelitis was not incurred in or aggravated by service only 8 months after being medically examined for induction and 6 months after training was erroneous * the...
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He continued to be treated for his ankle pain until his discharge for his physical disability on 12 October 2001. A 26 February 2002 radiographic report shows that the applicant had a metallic rod through most of the tibia, a healed mildly deformed distal tibial fracture, and a nonunited transverse fracture proximal fibula. The applicant's discharge with a 10 percent disability rating was proper and in accordance with the VASRD and Army regulations.
AF | PDBR | CY2013 | PD-2013-02258
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 Ankle Condition . BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were...
NAVY | BCNR | CY2002 | 09278-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 2001, and you were discharged by reason of physical disability on 1 February lo%, and recommended that you be discharged by reason of You accepted the findings of the PEB The Board concluded that in view of your...
NAVY | BCNR | CY2006 | 10102-06
The Board found that on 23 October 1985, the Central Physical Evaluation Board (CPEB) made preliminary findings that you were unfit for duty because of the residuals of injuries to the cervical spine that you sustained on 8 December 1984 in a motor vehicle accident, and that the disabilities were not ratable because you were injured as a result of your own misconduct. VA rating official denied your request, based on their determination that your disabilities were residual to the injuries...
AF | PDBR | CY2014 | PD 2014 00064
It is limited to those conditions determined by the PEB to be unfitting for continued military service and those conditions identified but not determined to be unfitting by the PEB when specifically requested by the CI. The Board will consider the Category II condition as stated above, in its review of the unfitting right knee condition. Right Knee Condition .
AF | PDBR | CY2012 | PD2012 00353
On physical therapy (PT) examination, 4 April 2004, the CI reported pain in knee and lower leg to be constant, worse with weather.Gait was normal; range-of-motion (ROM) of the knee was recorded as flexion 125 degrees with no swelling and negative knee tenderness. The VA rated the condition at 30% coded analogously 5010-5262 (impairment of tibia with marked knee disability) based on painful limitation of flexion/motion.The Board noted with greatinterest the rating assigned by the VA given...
AF | PDBR | CY2013 | PD-2013-01329
The Informal PEB adjudicated “chronic pain, left ankle”as unfitting, rated 10%, citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals and was medically separated. Chronic Left Ankle Pain . The VA rated the chronic ankle pain condition at 10% for pain limited motion.