APPLICANT REQUESTS:  That her records be corrected to show her disability was rated at 60 percent.

APPLICANT STATES:  The VA has determined her disability rating to be           60 percent.

EVIDENCE OF RECORD:  The applicant’s military records show:

She enlisted in the Regular Army on 20 September 1990.  Her Physical Evaluation Board (PEB) proceedings are not available.  On 21 July 1995, she was discharged in pay grade E4, by reason of physical disability, with severance pay.  She had completed 4 years, 10 months and 2 days of creditable active service.

The VA has rated her disabilities as arthritis at 10 percent, gastroenteritis at       10 percent, right knee pain at 10 percent, carpal tunnel syndrome at 20 percent, degenerative disc disease at 20 percent, and left knee pain at 10 percent.

The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) is the standard under which percentage rating decisions are to be made for disabled military personnel.  The VASRD is primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service.  Unlike the VA, the Army must first determine whether or not a soldier is fit to reasonably perform the duties of his office, grade, rank or rating.  Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD.  These percentages are applied  based on the severity of the condition.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  In the absence of evidence to the contrary, it is presumed that the applicant’s separation with severance pay was in compliance with law and regulation.

3.  The rating action by the VA does not necessarily demonstrate an error or injustice in the Army rating.  The VA, operating under its own policies and regulation, assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to modify its rating.  

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                 Loren G. Harrell
					 	 Director