Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 3 September 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 12 June 2020 and Director CORB letter 1910 CORB: 001 of 24 June 2020 along with your response to the opinions.   
 
A review of your record shows that you entered the Navy Reserve in February 2012.  You suffered a testes injury in 2014 and were diagnosed with Lymphoctic Colitis in 2015.  On 27 November 2017, a medical board referred you to the Physical Evaluation Board (PEB) for S/P Orchiectomy for torsion, right testes with residual Ilioinguinal Neuralgia and Lymphocytic Colitis.  The PEB found you unfit for Right Ilioinguinal Neuralgia and Lymphocytic Colitis and referred your unfitting conditions to the Department of Veterans Affairs (VA) for assignment of disability ratings.  The VA issued ratings of 0% for both unfitting conditions on 27 April 2018 that were adopted by the PEB.  After initially requesting a formal hearing, you requested reconsideration of the VA ratings.  On 29 August 2018, the VA increased the rating for Right Ilioinguinal Neuralgia to 10% but continued the 0% rating for Lymphocytic Colitis.  The PEB adopted the revised ratings on 6 September 2018 resulting in your discharged with severance pay on 10 October 2018.  On 12 February 2019, the VA increased your Lymphocytic Colitis rating to 30% based on a notice of disagreement you filed back in 2016 and January 2019 physical examination.  Post-discharge, you paid non-TRICARE health insurance premiums and paid out of pocket medical expenses.     
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list with at least a 40% disability rating.   You assert that the VA erroneously assigned you a 0% rating for your Lymphocytic Colitis that was corrected to 30% upon your discharge from the Navy Reserve.  It is your contention that an injustice occurred when the PEB adopted the erroneous 0% VA rating for your Lymphocytic Colitis disqualifying you from placement on the disability retirement list.  Additionally, you argue that you should be reimbursed for out of pocket insurance and medical expenses you incurred as a result of being denied placement on the disability retirement list.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case. 
 
First, the Board found no error with the PEB findings in your case.  The PEB adopted the VA assigned ratings from 29 August 2018 as required by military disability regulations.  As pointed out in the advisory opinion, the PEB had no discretion to deviate from the VA ratings issued in your case.  So the fact that the VA subsequently changed your disability rating after your discharge from the Navy Reserve did not convince the Board an error exists in your PEB record. 
 
Second, the Board also concluded insufficient injustice exists to change your disability rating for Lymphocytic Colitis or place you on the disability retirement list.  Despite your arguments that an injustice exists based on the post-discharge change to your VA rating for Lymphocytic Colitis, the Board disagreed.  As pointed out in the advisory opinion, the PEB erroneously considered your Lymphocytic Colitis as unfitting without evidence that the condition was incurred in the line of duty and eligible for consideration.  While that PEB finding remains binding, the Board found no basis to change your disability rating for Lymphocytic Colitis based on an injustice when, arguably, you were not entitled to have the condition rated as part of your disability case.  In the Board’s opinion, based on their finding that your Lymphocytic Colitis was erroneously considered by the PEB, it eliminates any actual injustice with regard to the rating assigned to that condition.   
 
Third, based on the Board’s finding that no error or injustice exists with regard to your PEB findings, the Board concluded that you were properly discharged from the Navy Reserve.  Therefore, reimbursement for your post-discharge insurance premiums or out of pocket medical expenses was determined not be appropriate.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,