DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No 06393-10
18 April 2011
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 April
2011. 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.
Bfter 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 15 February 1984. You complained of
bilateral knee pain on 27 February 1984, and reported a history of
chondromalacia patellae. You were noted to have swollen ankles and
an ulceration on the left lower extremity which you attributed to
a pre-service moped injury. A medical board convened on 1 April 1984
and gave you a diagnosis of osteochondritis dissecans (OD), left
knee, existed prior to enlistment, not service aggravated. The
medical board determined that you did not meet the minimum physical
standards for enlistment because of the OD, and recommended that you
be discharged without entitlement to disability benefits
administered by the Department of the Navy. You were discharged in
accordance with the approved findings and recommendation of the
medical board on 25 April 1984. You were examined at a Veterans
Administration medical facility on or about 13 September 1984 and
were noted to have an ulcer on your left lower extremity which you
indicated had been present for one year. You indicated that you had
sustained trauma to that extremity, as well knee pain and varicose
veins, in a moped accident. On 26 October 1984, the VA awarded you
disability ratings for service-aggravated OD, and for varicose
veins.
The Board was not persuaded that you were unfit for duty by reason
'of physical disability that was incurred in or aggravated by your
brief period of naval service. It was clear to the Board that the
disqualifying OD, as well as the condition which resulted in the
development of varicose veins after you were discharged, existed
prior to your enlistment and did not increase in severity beyond
natural progression while you were on active duty. 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,
AF | PDBR | CY2012 | PD2012 01365
Subsequently after two TDRL periodic exams, the PEB determined the CI’s left lower leg DVT to be stable and unfitting and at this time also determined the CI’s condition to be “post phlebitic syndrome” rated 10%. CI CONTENTION : “Per the findings of my Physical Evaluation Board Proceeding dated 17 Nov 2002, my combined disability rating was rated at 40% category I unfitting conditions. Both the PEBand the VA used the same code:7121, with the PEB rating the condition 10%and the VA rating it...
AF | PDBR | CY2009 | PD2009-00087
The commander attributed the CI’s duty restrictions to his lower back pain (LBP) and leg pain from bilateral varicose veins. Due to prolonged duty restrictions, the CI was referred to the PEB, found unfit and separated at 20% disability for his bilateral varicose veins. The CI's profile was for LBP and varicose veins and listed restrictions that could not be attributed to varicose veins alone.
AF | PDBR | CY2013 | PD-2013-01058
The DVT condition, characterized as “recurrent left lower extremity DVT,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.The Informal PEB (IPEB) adjudicated “deep vein thrombosis, left lower extremity with pulmonary embolism (resolved)”as unfitting, rated 20%. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs...
AF | PDBR | CY2011 | PD2011-00029
Right knee pain due to degenerative joint disease and chronic low back pain due to degenerative disc disease and disc bulge were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW SECNAVINST 1850.4E. The PEB adjudicated the right knee pain and low back pain conditions as unfitting, rated 10% each. Right Knee Condition .
AF | PDBR | CY2011 | PD2011-00660
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the time of separation. At the VA Compensation and Pension (C&P) exam (nine months after separation), the physician noted intermittent symptoms of pain and edema in the LLE; although, DVT symptoms were not active at that time. In the matter of the hypercoaguability condition, the...
AF | PDBR | CY2014 | PD 2014 02890
SEPARATION DATE: 20070705 Post-Separation)ConditionCodeRatingConditionCodeRatingExam Coagulopathy, Protein C Deficiency, with History of Deep Vein Thrombosis7199-71210%Thrombophlebitis of Popliteal Vein, Left Leg7121NSC*20070223Other x 0 (Not in Scope) Combined: 40%Rated: 0%Derived from VA Rating Decision (VARD)dated 20070802. RECOMMENDATION : The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.
AF | PDBR | CY2010 | PD2010-01180
Examination revealed varicose veins of both legs. Other PEB Conditions . Careful review of the treatment record reveals insufficient evidence for concluding that this condition interfered with duty performance to a degree that could be argued as unfitting.
AF | PDBR | CY2011 | PD2011-00509
An IPEB dated 7 April 2008 adjudicated “bilateral lower leg pain with CS as unfitting rated 21% (including bilateral factor) with application of the DoDI 1332.39 and VASRD. The left leg examination was normal and without pain. The Board determined therefore that none of the stated conditions were subject to service disability rating.
AF | PDBR | CY2009 | PD2009-00559
There were no trophic skin changes or evidence of stasis dermatitis.” Diagnosis was “Postphlebitic syndrome, left lower extremity.” The VA (near entry into TDRL) used essentially the same exams and history as the military and rated the CI’s DVT-related conditions as 7121 (Left Lower Extremity Deep Venous Thrombosis) at 10%, and 6817 (Bilateral Base Pulmonary Emboli Secondary to Deep Venous Thrombosis) at 60%. After due deliberation, considering all of the evidence and mindful of VASRD §4.3...
AF | PDBR | CY2011 | PD2011-01024
The conditions of history of deep vein thrombosis of the right and left lower extremities with post-phlebetic syndrome and chronic venous insufficiency as requested for consideration are the residuals that, IAW with the VASRD, should be used to rate the unfitting condition of heterozygous factor V Leiden deficiency and therefore they meet the criteria prescribed in DoDI 6040.44 for Board purview; and are addressed below, as part of the review of the rating for the unfitting condition. ...