DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09267-09
17 June 2020
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 10 June
°2010. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures
applicabie 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 reenlisted in the Marine Corps Reserve on 2 October 2003. On or
about 18 May 2007, while serving on active duty, you received a
fitness report in which you were recommended for promotion and ranked
as one of the many highly qualified professionals who formed the
majority of your grade of staff sergeant. You were released from
active duty on 2 October 2007.
On 15 July 2008, the Department of Veterans Affairs (VA) awarded you
disability ratings for a panic disorder, gastroesophageal reflux
disorder (GERD), and conditions of your cervical and lumbar spines,
right foot, skin and kidneys. The ratings you received for those two
conditions were based in large part on your subjective report of
symptoms. The VA rating examination report indicates that you had
suffered from panic attacks and anxiety symptoms since 1986 or
earlier and undergone corrective surgery for GERD in 2005. The VA
denied your request for service connection for numerous other claimed
disabilities.
Your receipt of disability ratings from the VA is not probative of
the existence of error or injustice in your naval record because the
VA assigned those ratings without regard to the issue of your fitness
to reasonably perform your military duties at the time of your release
from active duty. As you have not demonstrated that you were unfit
for duty at that time, 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,
W. DEAN
Executive
AF | PDBR | CY2010 | PD2010-00329
The VA rating decision on 13 February 2008, two months post-separation, rated the conditions separately with the OSA condition, code 6847 (sleep apnea syndromes), rated 50%. The VA rating decision two months post-separation on 13 February 2008 rated the conditions separately, with the panic disorder with agoraphobia condition, code 9412 (panic disorder and/or agoraphobia), rated at 10%. Exhibit C. Department of Veterans' Affairs Treatment Record
AF | PDBR | CY2012 | PD2012 01695
The MEB forwarded “esophageal reflux, nonulcerative dyspepsia (NUD), IBS, generalized anxiety disorder, and social phobia” to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E.The PEB adjudicated the IBS (visceral hyperalgesia) condition as unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). After due deliberation, the Board consensus was that the preponderance of the evidence with regard to the functional impairment of...
AF | PDBR | CY2009 | PD2009-00470
The principle of rating all mental health symptoms under the predominate diagnosis is endorsed and there is no evidence in the record that CI's impairment due to different diagnoses can be specifically separated. The LCSW noted a decrease in panic attacks to 1x/week, and the VA noted that the CI had self-discontinued medications as not helping and making him feel worse and noted impaired interpersonal interactions. The Board determined that at the time of separation, the CI's clinical...
AF | PDBR | CY2009 | PD2009-00293
The informal PEB (IPEB) adjudicated the mood disorder (major depression, without psychotic features) due to multiple medical conditions as the single unfitting condition, rated 10%; with application of the SECNAVINST 1850.4E and DoDI 1332.39. The Veterans’ Affairs (VA), however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service...
AF | PDBR | CY2011 | PD2011-01130
The Physical Evaluation Board (PEB) adjudicated the chronic mid-thoracic back pain condition as unfitting, rated 10%, with application of Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Flexion (90 Normal)9090Extension (30)2530Combined (240 )220240CommentAll ROM with pain; reflexes symmetric§4.71a Rating10%10%At the MEB/narrative summary (NARSUM) evaluation performed June 2005, 10 months before separation, the CI reported baseline back pain of 4/10 increasing to 7/10 with...
AF | PDBR | CY2009 | PD2009-00145
Discussion: The CI was diagnosed with PTSD and was found unfit for PTSD at 10%. VARD (diagnosed as Tinnitus) 20080516 and rated it at 10% based on exam of 20080107: The condition is noted in your service treatment records as of May 3, 2007; We have assigned a 10 percent evaluation based on examination findings that has determined, your tinnitus is persistent in nature; the diagnosis that has been given is ringing in the left ear. There is no hearing loss present on the right and there is...
NAVY | BCNR | CY2009 | 11128-09
, The Board concluded that in view of your failure to disclose your pre-service history of posttraumatic stress disorder when you applied for enlistment, it would not be in the interest of justice to correct your record to show that you were retired by reason of physical disability due to posttraumatic stress disorder. In the Board’s opinion, the provisions of title 38, Code of Federal Regulations, part 4.129 (38CFR4.129) required VA rating officials to apply a convalescent rating, rather...
AF | PDBR | CY2010 | PD2010-00173
IAW DODI 1332.38 this diagnosis falls under “conditions and circumstances not constituting a physical disability.” This condition cannot be adjudicated as separately unfitting, and there was no deduction from the CI’s unfitting PTSD diagnosis for any potential contribution from alcohol abuse. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating. Exhibit C. Department of Veterans' Affairs Treatment Record
NAVY | BCNR | CY2001 | 02336-00
You were evaluated by a Navy psychiatrist on 11 March 1997, and reported that you felt the Paxil was helping and that you were feeling much better. The increase was based on a report of treatment dated 30 November 1998, and a VA rating examination conducted on 4 May 1999, which indicated your depressive symptoms had increased in severity The Board noted that in order to qualify for disability separation or retirement from the Armed Forces, a service member must be found unfit to perform the...
AF | PDBR | CY2014 | PD 2014 01477
The psychiatric addendum to the NARSUM is dated 31 July 2008 (10 days following above admission, preceding later STR evidence just cited, and ~12 months pre-separation). It documents a baseline pain rating of 6/10 “increasing to 9-10/10 with activity.” The physical exam noted trochanteric tenderness and provided the ROM measurements charted below.The post-separation (10 months) VA C&P evaluation documented “fell on hip yesterday is having extreme bilateral hip pain and is unable to walk.”...