DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEA
WASHINGTON DC 20370-5100
JRE
Docket No. 03466-09
8 April 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 8 April 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 enlisted in the Navy on 29 July 2005. It appears that your
enlistment wag fraudulent, in that you concealed your history of
a severe head injury and associated coma of five weeks’
duration. You underwent psychological evaluation on 19 June 2006
and were given diagnoses of occupational problem (poor
performance); history of academic problem; and rule/out
cognitive disorder/post-concussion disorder. On 12 December
2006 a medical board determined that you suffered from major
cognitive impairments, long-standing learning difficulties, and
possible residual effects of a pre-service brain injury, and
vecommended that you be referred to the Physical Evaluation
Board (PEB). The PEB considered your case on 9 January 2007 and
found you unfit for duty because of longstanding learning
difficulties that were not incurred in or aggravated by your
naval service. The PEB recommended that you be discharged
without entitlement to disability benefits administered by the
Department of the Navy. You were honorably discharged on 20
April 2007 in accordance with the approved findings and
recommendation of the PEB.
On 18 July 2007, the Department of Veterans Affairs (VA) denied
your request for service connection for status post cerebral
concussion and coma with neurological deficits in cognitive
ability, memory and occupational functioning. The VA rating
decision indicates that imaging studies of your brain showed
clear evidence of brain damage that had existed for many years.
The Board was not persuaded that your disability was incurred in
or aggravated by your naval service. It also concluded that the
interests of justice would not demand correction of your record
under any circumstances, given the fraudulent nature of your
enlistment. 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 ‘PFRIFRER
Executive Dinettor
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The CI, found unfit only for the PTSD condition, was determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. The CI completed his deployment and on return to the States had increasing symptoms of TBI including headaches, cognitive defects and a diagnosis of PTSD. Regarding TBI as a possible new unfitting condition: As noted in the...
AF | PDBR | CY2009 | PD2009-00631
The Navy Physical Evaluation Board (PEB) determined both Post Concussion Syndrome and PTSD were unfitting for continued Naval service. The cognitive impairment is objectively documented with the neuropsychological testing and cannot not be included in the 10% rating for subjective symptoms. The CI’s VA C&P examination was completed prior to separation from service.
AF | PDBR | CY2010 | PD2010-00076
Medical evaluations after these injuries documented report of persistent headache following the second injury. This relieved a lot of stress.” The Board unanimously concluded by preponderance of evidence that the CI’s depressive symptoms and emotional / behavioral dysfunction (diagnosed as Depression NOS, Adjustment Disorder, and Borderline Personality), were due to her existing prior to service condition, her difficulty adjusting to military service, and her anxiety regarding deployment to...
AF | PDBR | CY2010 | PD2010-00732
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AF | PDBR | CY2011 | PD2011-00184
The PEB determined that post-concussive disorder was the primary unfitting condition and that PTSD, major depressive disorder, and cognitive disorder were category 2 conditions, conditions that are contributing to the unfitting condition (post-concussive syndrome), but not separately ratable. As noted above, the Board considered whether TBI or PTSD was the predominant unfitting condition and whether there was evidence the two diagnoses were separately unfitting and ratable conditions. ...
AF | PDBR | CY2009 | PD2009-00543
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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...
AF | PDBR | CY2011 | PD2011-00248
Neurologic examination performed on December 3, 2004 was normal and he was ambulating without difficulty. However, the Board also noted residuals of frontal lobe injury not merely restricted to mild memory dysfunction that included problems other cognitive functions (decreased verbal processing, attention, and concentration), irritability, anger, and problems with impulse control reflected in neuropsychological testing and the initial VA mental health clinic encounter 9 months after...
CG | BCMR | Disability Cases | 2010-126
The applicant also acknowledged that the medical board’s opinions and recommendations were not binding on the Coast Guard and that his case was subject to further review and final disposition by higher authority. The [IPEB] recommends that he should be permanently retired at a disability rating of 30%. The applicant requested a correction of his record to show that he was retired due to physical disability with a 100% disability rating instead of the 30% rating he actually received.
NAVY | BCNR | CY2008 | 07559-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. In a letter dated 29 November 1999, a psychiatrist with a Louisiana State University student health center stated that you had an organic mental disorder with depression and a personality disorder, both secondary to a severe head injury you suffered as a teenager. Consequently, when applying for a correction of an official naval record, the...