DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04586-10
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.
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 Marine Corps from 20 November 1996
to 15 June 2003, when you were discharged by reason of physical
disability with entitlement to disability severance pay, for right
ankle tendonitis that was rated at 10% disabling. On 22 January
2004, the Department of Veterans Affairs (VA) awarded you disability
ratings of 0% for bilateral pes planus (flat feet), 10% for right
shoulder totator cuff tendonitis, 10% for left knee patellar
arthsosis, 10% for the condition of your right ankle, and 0% for
hallux valgus (hammertoe), right foot. Al % rating for a right knee
Condition was added effective 16 June 2003, and 50% rating for sleep
apnea was added effective 1 November 2004.
Your receipt of substantial disability ratings from the VA for
conditions that were not rated by the Physical Evaluation Board is
not probative of the existence of error or injustice in your naval
records. The VA assigns disability ratings without regard to the
issue of the veteran’s fitness for military duty, whereas the
military departments rate only those conditions that render a service
member unfit for duty. Although you suffered from a number of
medical conditions during your service that were ultimately rated
by the VA, you were found unfit for duty because of your ankle
aees oat which | remaited Symptomatic despite multiple treatment
fodalities and per itis of limited duty. There is no indication in
eee available records that the conditions of your shoulder, knees,
or feet, or the sleep apnea, rendered you unfit to reasonably perform
the duties of your office, grade, rank or rating. Accordingly, your
application has been denied. The names and votes of the members of
e.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,
AF | PDBR | CY2009 | PD2009-00076
The CI had excessive daytime sleepiness and was diagnosed with OSA requiring CPAP as noted above. Right Knee Condition . The 5 months after separation VA exam, demonstrated ‘tender patella tendon, tender patella rub, prominent tibial tubercle; no instability.’ History on both exams noted increased pain with activity, walking and standing, but did not indicate painful motion, or pain-limited motion of the knee.
AF | PDBR | CY2011 | PD2011-00833
The PEB adjudicated the “chronic neck, back, shoulder, knee, tibial, hip and shoulder pain” as a single unfitting condition rated at 20% with specified application of the USAPDA pain policy; and adjudicated the OSA condition as unfitting, rated 0% with application of DoDI 1332.39. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), in regards to the chronic neck, back, knee, tibia, hip, shoulder pain joint conditions combined under a single...
AF | PDBR | CY2013 | PD2013 00935
The PEB combined the MEB referred conditions of FM and bilateral plantar fasciitis and pes cavus and rated them as one unfitting condition of FM coded at 5025, specified by the VASRD as “with widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesia, headaches, irritable bowel symptoms, depression, anxiety, or Raynaud’s-like symptoms.” The PEB cited avoidance of pyramiding IAW VASRD §4.14 for not rating the plantar...
ARMY | BCMR | CY2014 | 20140017026
The applicant provides: * Department of Veterans Affairs (VA) Rating Decision * DA Form 3349 (Physical Profile) * letter to the physical evaluation board (PEB) * service medical records * VA medical records CONSIDERATION OF EVIDENCE: 1. On 13 July 2004, a medical evaluation board (MEB) diagnosed him with neck pain with cervical DDD and bilateral radiculopathy. The board's scope of review was limited to those conditions determined by the PEB to be unfitting for continued military service...
AF | PDBR | CY2009 | PD2009-00505
CI CONTENTION : The CI states: “I have been rated by the Department of Veterans Affairs at 30% for post-operative residuals of ACL [anterior cruciate ligament] tear, left knee in which the Air Force only granted me a rating of 20%. Other PEB Conditions . I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2013 | PD2013 00821
In addition to that diagnosis, he also listed diagnoses of chronic pain syndrome, bilateral foot pain, bilateral shoulder pain with right shoulder arthrosis, low back pain status-post surgery and chronic bilateral knee pain with retropatellar pain syndrome.At the MEB exam on 14 May 2001(7 months prior to entry on TDRL),the CI reported that he could not perform his duties because of pain in his upper back, lower back, shoulders, hips, legs, knees, feet, hands and neck.At the VA Compensation...
AF | PDBR | CY2013 | PD-2013-01720
Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Pain in Multiple Locations Including Bilateral Peroneal Tendon Subluxation s/p Repair on the Right, Bilateral Knee Pain and Right Shoulder Pain5099-500320%Patellofemoral Pain Syndrome, Right Knee5099-501410%20051017Right Shoulder Biceps Tendonitis5099-502410%20051017Peroneal Tendon Subluxation, Left Ankle5099-527110%20051017Surgical Residuals, Right Ankle5099-527210%20051017Other x 0 (Not in Scope)Other x 6 Rating:...
AF | PDBR | CY2011 | PD2011-00415
A January 2004 clinic encounter during a flare of LBP and the April 2004 orthopedic NARSUM indicated normal or near normal motion without muscle spasm while the March 2004 MEB examination recorded significantly reduced ROM. Other PEB Conditions . The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2011 | PD2011-00629
The CI underwent three complex surgeries to correct the bilateral ankle pathology, however, he continued with pain stiffness and limited motion in both ankles and feet. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2010 | PD2010-00360
Left Wrist Condition. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. In the matter of the right knee pain, right ankle pain, and left knee pain conditions or any other medical conditions eligible for Board consideration, the Board unanimously agrees that it cannot recommend any findings of unfit for additional rating at separation.