DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
JRE
WASHINGTON DC 20370-5100
Docket No. 08005-09
4 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 22 January 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 poiicies. —
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 Physical Evaluation Board (PEB) considered your case on 16
December 1968 and found you fit for duty. You disagreed, and
demanded a hearing, at which you requested that you he found
unfit for duty and assigned a rating of 10%. On 2 June 1999, a
formal hearing panel of the PEB considered your case and
assigned you a combined disability rating of 10% for conditions
of your lumbar and cervical spine. The revised findings of the
PEB were approved, and you were discharged with entitlement to
disability severance pay on 15 November 1999. On 15 August 2000,
the Department of Veterans Affairs (VA) awarded you a 40% rating
for the condition of your lumbar spine and 20% for the condition
of your cervical spine.
The Board noted that the disability ratings assigned by the PEB
were based on the severity of your condition at the time the PEB
considered your case. The 10% rating was based on the results
of an examination which indicates that you had nearly full range
of motion in your lumbar and cervical spine. The ratings
assigned by the VA, although made effective the day following
your discharge, were based on the results of an examination
conducted approximately five months later, which indicate that
significant limitation of motion in your lumbar and cervical
spine was noted during the examination. It is important to note
that while VA ratings are often based on changes in a veteran’s
condition which occur following discharge, those assigned by the
military department are fixed as of the date of separation or
permanent retirement.
As you have not demonstrated that your disabilities met the
eriteria for the assignment of a combined rating of 30% or
higher as of 15 November 1999, the Board was unable to recommend
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,
\ poor
W. DEAN R
Executive Di or
AF | PDBR | CY2009 | PD2009-00071
ROMs were pain limited to Cervical: 30˚/190˚, and Thoracolumbar 30˚/140˚. Although Physical Evaluation Board findings showed that your chronic cervical and thoracic pain was secondary to myofascial pain syndrome, VA finding showed instability of the cervical spine with limited range of motion, and chronic sprain, with scoliosis thoracolumbar spine, with limited range of motion which warrant the higher evaluation. The Cervical spine condition rating of 5021-5237 at 20% for forward flexion...
AF | PDBR | CY2012 | PD2012 01750
The VA assigned a40% rating for the back condition rated 5292-5293 citing severe limitation of motion of the lumbar spine. The discussed the C&P examination report that the CI held on a chair and compared that examination with prior examinations and concluded the examination confirmed characteristic pain on motion but did not evidence muscle spasm.The Board also considered if additional disability rating was justified for peripheral nerve impairment due to radiculopathy.Although there was...
AF | PDBR | CY2012 | PD2012 01732
Upon InformalReconsideration following the appeal, the PEB adjudicated the cervical spine (subsuming myofascial pain) and lumbar spine conditions as unfitting, rated 10% each, citing criteria of the Veterans Affairs Schedule for Rating Disabilities (VASRD). Since the PEBadjudicated polyneuropathy and iliotibial band syndrome were integral to the VA “findings” cited in the application, members agreed that those conditions were appropriately included in the Board's scope of review; and, are...
AF | PDBR | CY2012 | PD2012 01412
The PEB coded chronic low back pain 5295 (lumbosacral strain and pain on motion) and rated it 10% based on IAW DOD and VASRD guidelines. At the MEB exam of 25June2002 the CI reported no neck pain or cervical paresthesias. Neither charted exam was compensable based on ROM limitations.
AF | PDBR | CY2009 | PD2009-00139
The medical bases for the separation were cervical and thoracolumbar spine conditions. The CI was thus medically separated with a combined disability rating of 20%. The Board therefore recommends a 10% rating for the thoracolumbar condition and a 20% rating for the cervical condition.
AF | PDBR | CY2012 | PD2012 01518
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active dutyAC2/E-5 (6902/Air Traffic Controller),medically separated for multilevel degenerative disk disease (DDD), lumbar and herniated nucleus pulposus (HNP), C5-C6, left. Since no evidence of functional impairment exists in this case, the Board cannot support a recommendation for additional rating based on peripheral nerve impairment at the time of separation from...
AF | PDBR | CY2012 | PD2012-00630
Lumbar Spine Condition. In the matter of the cervical spine condition, the Board unanimously recommends a disability rating of 10%, coded 5290, IAW VASRD §4.71a in effect. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation: UNFITTING CONDITION Degenerative Disc Disease, Lumbar Spine Degenerative Disc Disease, Cervical Spine The following documentary evidence was considered: Exhibit A. DD...
AF | PDBR | CY2013 | PD-2013-00696
The chronic neck and lumbar pain conditions, characterized as “cervical spine pain and lumbar spine pain” and “mild degenerative disk disease (DDD), cervical spine,” were the only conditions forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.The Informal PEB adjudicated “chronic neck pain,” and “chronic lumbar pain”as unfitting, rated 10% and 10% respectively, with likely application ofthe Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals and was...
AF | PDBR | CY2009 | PD2009-00253
Pain rating: Bilateral knees - slight/constant. The PEB noted cervical range of motion limited by pain, with localized tenderness. X-rays showed normal spine.
AF | PDBR | CY2009 | PD2009-00698
In addition to considering the appropriate rating at separation for the unfitting degenerative disk disease of the cervical spine, the Board must consider whether left cervical radiculopathy should be recommended as a separately unfitting condition. First, the Board considered the appropriate rating for the unfitting cervical spine multi-level degenerative disk disease at separation. A November 6, 2002 (seven months before separation) spine surgery clinic note records that the “neck pain...