DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 7
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No. 01678-09
5 June 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 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 31 January
2002. On 15 February 2002 you sought medical treatment for left
knee and right shoulder pain, each of which existed prior to
your enlistment (EPTE). You stated that you had sustained an-
“AC" (acromioclavicular) separation two months earlier, and that
you had difficulty doing pushups. The Board noted that the AC
is one of the three joints that comprise the shoulder. You were
given diagnoses of grade III/IV AC separation and left knee
pain, and recommended for entry level separation due to your
EPTE shoulder pain. On 15. February 2002, you signed a statement
to the effect that you were being discharged for an EPTE
condition identified as “Shoulder Dislocation, Chronic”, and “in
layman's terms: Shoulder dislocation, Instability”. You were
discharged by reason of a condition, not a disability, on 26
February 2002, with an uncharacterized entry level separation,
and assigned reentry code of RE-3G.
The Board did not accept your contention to the effect that you
never suffered from a shoulder separation, as that contention
is belied by medical record entries and your signed statement
each dated 15 February 2002. Accordingly, your application has
been denied, The names and votes of the members of the panel
will be furnished upon request.
The Board did not reconsider your request for correction of your
reentry code since you did not submit any new material evidence
or other matter concerning that issue.
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 | 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.
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...
NAVY | BCNR | CY2002 | 00880-00
Sincerely, W. DEAN PFEIFFER Executive Director -- Enclosure i RATIONALE ON 13 SEPTEMBER 1996, A MEDICAL BOARD WAS CONVENED AT THE NAVAL HOSPITAL, CAMP LEJEUNE, NORTH CAROLINA IN THE CASE OF THIS 28 YEAR OLD MEMBER WITH THE FOLLOWING DIAGNOSES: (1) CHRONIC INSTABILITY LEFT SHOULDER, 71881 (2) CHRONIC MECHANICAL LOW BACK PAIN, 7242 (3) CHRONIC DEGENERATIVE ARTHRITIS LEFT KNEE, 71598 (4) SUBLUXATION SPONTANEOUS MANDIBLE, 8300 -- THE RECORD REVIEW PANEL OF THE PHYSICAL ON 15 JANUARY...
AF | PDBR | CY2013 | PD-2013-01855
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. The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation. Although the...
AF | PDBR | CY2011 | PD2011-00867
The corroborative evidence elaborated above suggests that ROM was significantly limited during the period encompassing the date of separation, and provides more support for the MEB ROMs than for the VA evidence. The VA C&P evaluation noted 10/10 pain exacerbated by “physical activity.” The MEB and VA examiners documented similar physical findings. In the matter of the service-combined left shoulder/right knee/chronic pain syndrome condition, the Board unanimously recommends that it be...
AF | PDBR | CY2013 | PD-2013-01540
In 2005 I was only medical boarded and rated 20% for my Right Shoulder. The Board considered that following the two surgeries, the CI had painful limited left shoulder ROM with evidence of posttraumatic arthritis on X-rays. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01628
He was issued a permanent U3 profile andreferred for a Medical Evaluation Board (MEB).The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.The PEB adjudicated the left shoulder and left cubital tunnel conditions as unfitting, rated 10% and 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals and was medically separated with a combined 20% disability rating. The ROM was noted as painful. The examiner...
AF | PDBR | CY2012 | PD2012 00812
The PEB combined the bilateral knee condition as a single unfitting condition, coded analogouslyto5003andratedat10%. TheBoard mustapplyseparate codes andratingsinits recommendations if compensable ratings for each condition are achieved IAW applicable VASRDsections. TheBoardnotedtheclinicexaminationof2007,5 years after separation, recorded full ROM bilaterally, a normal gait and no evidence of instability.
AF | PDBR | CY2012 | PD-2012-00804
Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Army Board for Correction of Military Records. After his original injury with dislocations of both shoulders, the CI had multidirectional instability and recurrent dislocations of both his right and left shoulders. Based on the condition the CI actually had, the shoulders can be rated either using 5201 for limited ROM or...
AF | PDBR | CY2009 | PD2009-00054
The medical basis for the separation was chronic low back pain (LBP) and multiple painful joints (Bilateral degenerative joint disease [DJD] of hips and knees as well as the left ankle) without any history of trauma. NARSUM (date 20020917): CHIEF COMPLAINT: This is a 26-year-old male with two-year history of bilateral shoulder pain, back pain, bilateral hip pain, bilateral knee pain left greater than right, and left ankle pain. The MEB diagnosis #1 (Medically Unacceptable) described...