DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06924-09
1 October 2010
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. Your application was considered as a request for
correction of your record to show that you were permanently retired
by reason of physical disability due to ulcerative colitis and
pancreatitis.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 30
September 2010. 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.
You served on active duty in the Navy from 1 April 1971 to 28 March
1973, when you were transferred to the Temporary Disability Retired
List with a 30% rating for inflammatory bowel disease. The rating
was decreased to 10% effective 5 December 1978, and you were
discharged with entitlement to disability severance pay. The
Department of Veterans affairs (VA) has rated your condition of
“inflammatory bowel disease, probably ulcerative colitis” at various
times at 10 and 30%, as the severity of your condition waxes and wanes.
There is no authority for adding the words “acute pancreatitis” and
“colitis” to your DD Form 214, and it does not appear that any useful
purpose would be served by doing so as both of those conditions are
documented in your naval health record. Accordingly, andas you have
not demonstrated that your disability was ratable at or above 30%
disabling as of 5 December 1978, 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
Lor other matter not previously considered by the Board. In EHS
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
meérvor or injustice. -*
Sincerely,
Laas
W. DEAN PF!
Executive
AF | PDBR | CY2011 | PD2011-00090
She was also found unfit for dysthymic disorder and ulcerative colitis. PTSD Condition . The Board discussed at length whether ulcerative colitis was permanently service aggravated and subject to rating or existed prior to service as a condition that is known to have exacerbations that are not related to service and thus not eligible for rating.
ARMY | BCMR | CY2005 | 20050002182C070206
The applicant states he was medically retired in error by a doctor who determined he had ulcerative colitis. The evaluating physician noted the applicant was 27 years old, and had complained of bloody diarrhea with four or five bowel movements a day in December 1996. There is no medical evidence supporting the applicant's contention that his tobacco use was the cause of the medical condition which resulted in his retirement by reason of physical disability.
AF | BCMR | CY2010 | BC-2010-04254
On 18 Sep 07, a Medical Evaluation Board (MEB) found the applicant unfit for continued military service for inflammatory bowel disease, most likely Crohns disease, and referred him to the Informal Physical Evaluation Board (IPEB). The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE...
AF | BCMR | CY2010 | BC-2010-04902
On 18 Sep 07, a Medical Evaluation Board (MEB) found the applicant unfit for continued military service for inflammatory bowel disease, most likely Crohns disease, and referred him to the Informal Physical Evaluation Board (IPEB). The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE...
AF | PDBR | CY2013 | PD-2013-01703
At the deployed clinic encounter on 30 December 2002, when the CI complained of episodes of testicular pain, the examiner recorded, “denies any other problems.” In the deployed clinic encounters on 2 January 2003 and 5 January 2003, there was no complaint or history of bowel problems recorded. The CI was seen the next day in the clinic and the encounter recorded “states he has seen blood in stools as of late.” The history of ulcerative proctitis was noted and he was referred to...
AF | PDBR | CY2014 | PD-2014-00387
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVASRDstandards to the unfitting medical condition at the time of separation. She reported GI symptoms 8 months out of the year. XXXXXXXXXXXXXXXPresidentDoD Physical Disability Board of Review
AF | PDBR | CY2013 | PD-2013-02625
The VA rating was more accurate at the time to the symptoms of my ulcerative colitis, so I would appreciate another review of my case. The Board considered whether the ulcerative colitis condition more nearly approximated the 30% rating than the 10% rating. The Board noted the CI’s report of constant diarrhea and occasional cramping at the time of the VA C&P examination in November 2003 was not consistent with the evidence of the service treatment record and the CI’s statement to SAFPC...
AF | PDBR | CY2009 | PD2009-00474
The CI was referred to the Physical Evaluation Board (PEB), found unfit for continued military service, and separated with a 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Condition 1: Ulcerative Colitis It recommended separation from service with a rating of 10% for 7323 Ulcerative Colitis.
ARMY | BCMR | CY2006 | 20060014458
The applicant states, in effect, his record is in error because he does not have ulcerative colitis, a lifetime disease, which would keep him from serving in the Army. He further states that his doctor told him that tobacco did not cause his ulcerative colitis. The evidence shows that the applicant was diagnosed and treated for the ulcerative colitis.
AF | PDBR | CY2012 | PD2012-00518
Ulcerative Colitis Condition. The Board concluded therefore that no separate disability rating could be recommended for this condition. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of her prior medical separation: VASRD CODE RATING 7323 COMBINED 30% 30% UNFITTING CONDITION Ulcerative colitis The following...