DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 11951-0909
25 January 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on.14 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 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.
On 25 October 2006, the Physical Evaluation Board (PEB) made
preliminary findings that you were unfit for duty by reason of
physical disability due to right ankle posttraumatic arthritis,
with subtalar joint limitation of motion and osteochondral
defect which were rated at ten percent disabling. You accepted
those findings on 31 October 2006 and waived your right to
demand a hearing before a physical evaluation board. In
addition, you requested that you be retained on active duty
until 29 January 2007. You were discharged with entitlement to
disability severance pay on 29 January 2007, in accordance with
the approved findings of the PEB and your request.
The Department of Veterans Affairs (VA) granted your request for
service connection for migraine headaches and a condition of
your right ankle effective 30 January 2007, and assigned a
rating of ten percent to each of those conditions. On appeal, .
the VA increased the rating for the migraines thirty percent,
and the rating for the ankle condition was increased to twenty
percent. Each of those ratings was effective retroactive to 30
January 2007.
The Board concluded that your receipt of a VA disability rating
for migraine headaches is not probative of the existence of
error or injustice in your Navy record. In this regard, the
Board found that the VA assigned that rating without regard to
the issue of your fitness for military duty as of 29 January
2007 vis-a-vis the headaches. As you have not demonstrated that
you suffered from prostrating headaches which rendered you unfit
to reasonably perform your duties, that you suffered from any
unfitting conditions other than the ankle condition, or that the
ankle condition was incorrectly rated by the Department of the
Navy, 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,
\Rrau§ Y
7
W. DEAN E
Executive D or
AF | PDBR | CY2009 | PD2009-00185
The MEB had Left Ankle Pain as the single diagnosis and the ankle was the focus of the NARSUM. The Board unanimously voted to add abdominal wall pain (mentioned as duty limiting in the commander's memo and described in the NARSUM as following inguinal hernia repair) as a new unfitting condition and to rate it analogously to Ilio-inguinal nerve neuritis, severe. The majority of the Board opined that migraine headaches should not be added as a new unfitting condition as the Commander's memo...
AF | PDBR | CY2013 | PD-2013-02535
My medical condition even caused me to suffer a stroke from the severe migraine headaches that I still haveto this day. Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Vascular Headache (Migraine)810010%Migraine Headache Disorder810030%20040319Other x 0 (Not in Scope)Other x 520040319 Combined: 10%Combined: 50% * Derived from VA Rating Decision (VARD)dated 20040607(most proximate to date of separation) ANALYSIS SUMMARY :The Board acknowledges the CI’s information regarding the...
ARMY | BCMR | CY2014 | 20140009962
The applicant requests correction of her military records to show she was retired due to physical disability. The applicant contends her military records should be corrected to show she was retired due to physical disability because the VA has increased her service connected physical disability (for which she was separated from the Army) rating from 10 to 50 percent disabling. The available evidence shows the applicant was evaluated by a PEB while on active duty and found unfit for duty...
ARMY | BCMR | CY2001 | 200165862
ARMY | BCMR | CY2001 | 2001065862C070421
On 19 November 1997 the applicant reported to medical personnel that she experienced migraines one to three times per month and on that particular day (19 November) she had taken medication for her migraine and was requesting that she be assigned to her quarters for the day. The VA's decision to grant the applicant a 50 percent disability rating for her headaches was based on information contained in the applicant's MEB and a 6 August 1998 examination in which the applicant stated that "the...
ARMY | BCMR | CY2008 | 20080011203
The applicant was identified as being non-deployable, non-retainable in accordance with Army Regulation 40-501 (Standard of Medical Fitness), and was recommended for discharge from the service. Based on a review of objective medical evidence of record, the PEB found that the applicants medical and physical impairments prevented reasonable performance of duties required by her grade and military specialty and recommended a disability percentage of 20 percent for chronic left knee pain and 0...
AF | PDBR | CY2009 | PD2009-00543
The IPEB considered the case, and found him unfit for continued military service due to Chronic Achilles Tendinosis. As noted above, the CI underwent MEB/PEB, and the Right Achilles Tendinosis (coded 5284) was rated at 10% disability. Based on that evaluation, the VA assigned a rating of 10% for Traumatic Brain Injury with Headaches (coded 8045-8100), 10% for Cognitive Disorder with Sleep Disorder (coded 8045-9304), and 10% for Tinnitus (coded 6260).
AF | PDBR | CY2011 | PD2011-01138
The PEB adjudicated the chronic neck pain and migraine headaches conditions as unfitting, rated 10% and 0% respectively, with likely application of AR 635-40 and/or the US Army Physical Disability Agency (USAPDA) pain policy. The conditions, right carpal tunnel syndrome and OSA as requested for consideration meet the criteria prescribed in DoDI 6040.44 for Board purview; and, are addressed below, in addition to a review of the ratings for the unfitting neck pain and migraine headache...
AF | PDBR | CY2010 | PD2010-00168
The TBI did not result in a LIMDU and the Non Medical Assessment (NMA) did not mention any fitness limitations due to the effects of the TBI. Other Conditions. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2009 | PD2009-00363
If the CI had separated after the current TBI rating criteria was in effect, he would have rated at 40% if his cognitive impairment was considered mild (level 2) or 70% if his cognitive impairment was considered moderate (level 3). After careful consideration of all available information, the Board concluded by simple majority that the CI’s condition is appropriately rated at a combined 40% with 30% for 8045-9304 Traumatic Brain Injury with Mild to Moderate Cognitive Impairment, 10% for...