DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24890
JRE
Docket No.2428-14
20 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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REVIEW OF NAVAL RECOR
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Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
4. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as
Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable
naval record be corrected to show that he is entitled to combat-related special °
compensation (CRSC) for the injuries he sustained in a live fire training accident on 19
January 2012.
2. The Board, consisting of Messrs. Chapman, Spooner anc Swarens, reviewed
Patitioner's allegations of error and injustice on 12 March 2075 anc oursuam. to its
regulations, determinec that the corrective action indicaiec below shouic Dé taken on
the available evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes, reguiations and
policies. ‘
3, The Board, having reviewed all the facts of record pertaining to Petitioner's
allegations of error and injustice, finds as foliows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
¢. Petitioner sustained injuries to his left lower extremity on 12 January 2012 as a
result of an accidental, self-inflicted gunshot wound which occurred during a live fire
training exerciset. On 8 February 2013 the Physical Evaluation Board (PEB) found him
unfit by reason of physical disability due to residuals of the gunshot wound, which were
rated at 40%. In addition, the PEB determined that the disabilities were the direct result
1
of a combat related injury as defined in title 26, U.S. Code section 104(b)(3). Petitioner
was permanently retired by reason of physical disability on 29 April 2013. Effective 30
April 2013, the Department of Veterans Affairs (VA) awarded him disability ratings for
status/post gunshot wound left lower extremity muscle group XXill injury, 30% under VA
Schedule for Rating Disabilities (SRD) code 5271-5312: all painful/tender scars of the
left lower extremity, 20% under VASRD code 7804; adjustment disorder with mixed
anxiety and depressed mood, 10% under VASRD code 9440; status/post gunshot
wound, left lower extremity-left foot hypersensitivity, 10% under VASRD code 5271-
8622: and tinnitus, 10% under VASRD code 6260.
. CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of
the determination of the PEB that the injuries were the direct result of a combat-related
injury, and the fact that the wound was caused by an instrumentality of war, the Board
finds the existence of an injustice warranting corrective action with regard to the
disabilities rated by the VA, as described in paragraph 3c, above, with the exception of
the tinnitus and adjustment disorder. The Board concludes that as Petitioner has not
demonstrated that those two conditions were caused by a combat-related event or
occurrence, there is no basis for granting his request for combat-related special
compensation for either condition. -
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he is entitled to combat-
related special compensation for status/post gunshot wound, left lower extremity muscle
group XXII! injury, 30%, VA Schedule for Rating Disabilities (SRD) code 5271-5312; all
painful/tender scars of the left lower extremity, 20%, VASRD code 7804; and status/post
gunshot wound, left lower extremity-left foot hypersensitivity, 10%, VASRD code 527 1-
8622.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed in Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a
quorum was present at the Board's review and deliberations, and that the foregoing ts a
true and complete record of the Board's proceedings in the above entitled matter.
VC
JAMES R. EXNICIOS
Y Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised
Procedures of the Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken under the authority of
reference (a), has been approved by the Board on behalf of the Secretary of the Navy.
ROBERT J. O’NEILL
Executive Director
AF | PDBR | CY2010 | PD2010-00095
After a review of all evidence, the Board therefore has no reasonable basis for recommending the left superficial peroneal nerve injury as a separate unfitting condition for separation rating. The Board determined therefore that this condition was not subject to service disability rating. Other Conditions.
AF | PDBR | CY2010 | PD2010-00131
The Board considered the PEB rating which reflects the left saphenous nerve injury. Service Treatment Record. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2009 | PD2009-00582
The CI was referred to the Physical Evaluation Board (PEB), determined unfit for continued Naval service, and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Naval and Department of Defense regulations. The VA did not find limited or painful motion on examinations. The VA rated his PTSD at 30%.
AF | PDBR | CY2011 | PD2011-00745
The CI was then medically separated with a 10% disability rating. Pain Left Foot Condition . All evidence considered, there is not a preponderance of the evidence in the CI’s favor supporting addition of the left ankle condition as an unfitting condition for separation rating.
AF | PDBR | CY2010 | PD2010-00018
The PEB adjudicated the left Achilles tendon condition and the right anterior tibialis tendon condition as unfitting, rated each at 10%, with application of SECNAVINST 1850.4E, DoDI 1332.39 and Veteran’s Administration Schedule for Rating Disabilities (VASRD), respectively. The VA rating decision was 0% for scars which are not considered disabling because of limitation of function of the affected part (coded 7805). In the matter of the right tibialis anterior tendon condition and IAW VASRD...
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...
AF | PDBR | CY2012 | PD2012-00656
That MEB forwarded bilateral exertional compartment syndrome; left leg status post (s/p) anterior compartment release with recurrent anterior and lateral exertional compartment syndrome; bilateral leg pain and numbness secondary to the first two conditions; and left leg anterior compartment fascial defect s/p anterior compartment release to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. Pre-Separation) – Effective Date...
AF | PDBR | CY2009 | PD2009-00564
The VA examiner noted that there was nerve damage to the Sciatic Nerve. In the matter of the scars, abdomen, from surgical procedure to repair the gunshot wound injuries, resection of the transverse colon, liver repair, shoulder dislocation, incompletely healed, and hearing loss conditions the Board unanimously determined that it cannot recommend any findings of unfit for additional rating at separation. In the matter of the bilateral tinnitus, lumbar strain condition, bilateral pes...
AF | PDBR | CY2009 | pd2009-00563
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. Exhibit C. Department of Veterans' Affairs Treatment Record. I recommend coding and rating 8599-8520 at 40% as an accurate rating of the CI's left lower extremity disability.
AF | PDBR | CY2010 | PD2010-00099
The CI was found to have injuries mainly to his legs, more severe on the right than the left leg; however, the left leg still sustained IED injury. The Board determined therefore that neither tinnitus nor the right elbow condition was subject to service disability rating. Exhibit C. Department of Veterans' Affairs Treatment Record.