From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 w/attachments 
(2) Medical/Psychiatric Advisor CORB letter 1910 CORB: 002 of 3 February 2021 
(3) Director CORB letter 1910 CORB: 001 of 9 February 2021 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to include additional unfitting conditions of Cervicogenic Headaches and Transient Limb Paralysis to his Physical Evaluation Board (PEB) record.    
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 February 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of naval records, and applicable statutes, regulations and policies.   
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  Petitioner entered active duty with the Navy in August 2007.  He injured his neck during training in October 2008 that resulted in his placement on limited duty and surgical treatment.  After continuing to exhibit symptoms related to his neck condition, a medical board referred Petitioner to the PEB on 15 July 2011.  The PEB found Petitioner unfit for Cervicalgia C2-C3 fusion on 30 August 2011 and he received a proposed Department of Veterans Affairs (VA) rating of 30% on 30 January 2012.  However, while he was pending his proposed VA rating a medical board addendum was submitted for Petitioner’s Cervicogenic Headaches and Transient Limb Paralysis.  There is no evidence that the PEB considered either of these two condition prior to finalizing Petitioner’s case resulting in his placement on the Temporary Disability Retirement List (TDRL).  Petitioner was eventually transferred to the Permanent Disability Retirement List (PDRL) with the same 30% rating. 
 
     c.  On 9 June 2016, this Board denied Petitioner’s request to change his PEB record to reflect he was unfit for a traumatic spinal cord injury.   
 
     d.  On 14 May 2020, the VA granted a service connection for the following disability conditions effective the date of his retirement from the Navy: Cervicogenic Chronic Tension Headaches (50%), Right upper transient limb paralysis (20%), Left upper transient limb paralysis (20%), Left lower extremity transient limb paralysis (10%), and Right lower extremity transient limb paralysis (20%). 
 
     e.  In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to change his PEB record determined that the evidence supports relief.  The opinion states the PEB failed to consider the medical board referred conditions of Cervicogenic Headaches and Transient Limb Paralysis.  These condition significantly interfered with Petitioner’s ability to perform his military duties and should have been found unfitting.  Based on the 14 May 2020 ratings assigned by the VA, Petitioner’s combined disability rating should be increased to 90% effective the date he was retired.  Additionally, the opinion recommends that Petitioner be placed on the PDRL effective the date he was transferred to the TDRL. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  In this regard, the Board concurred with the Advisory Opinions at enclosures (2) and (3).  Specifically, the Board determined that the preponderance of the evidence supports a finding that Petitioner was unfit at the time of his transfer to the TDRL for Cervicogenic Headaches and Transient Limb Paralysis in addition to his Cervicalgia S/P C2-C3 Fusion.  Therefore, the evidence supports changing his PEB record to reflect the additional unfitting conditions and ratings consistent with the VA rating decision of 14 May 2020. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s PEB record be changed to reflect the following additional unfitting conditions and ratings effective 28 May 2012: Cervicogenic Chronic Tension Headaches, VA DC 8100, at 50%; Transient Limb Paralysis, Right Upper Extremity, VA DC 8514, at 20%; Transient Limb Paralysis, Left Upper Extremity, VA DC 8514, at 20%; Transient Limb Paralysis, Right Lower Extremity, VA DC 8520, at 20%; and Transient Limb Paralysis, Left Lower Extremity, VA DC 8520, at 10%.  None of the disability conditions are combat related (NCR) or combat zone (NCZ).  Petitioner’s new combined disability rating, with bilateral factors applied, will be 90% effective 28 May 2012.  Petitioner will be placed on the PDRL effective the date he was originally transferred to the TDRL and issued a DD Form 214 reflecting this change to his retirement status.   
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
  
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 Regulation, 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.