From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  XXX-XX-,   USN RET 
 
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 16 December 2020 
        (3) Director CORB letter 1910 CORB: 001 of 5 January 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 her naval record be corrected to establish Petitioner’s eligibility for a 60% Physical Evaluation Board (PEB) assigned disability rating for her Lichen Planopilaris condition.    
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 14 January 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 May 2008 after commissioning from the Naval Academy.  On 22 June 2017, a medical board diagnosed Petitioner with Lichen Planopilaris, Lumbar Spondylolysis, Shoulder pain, and Thoracic Spine pain before referring her to the PEB.  The PEB found Petitioner unfit for Lumbar Spondylolysis and Lichen Planopilaris and assigned disability ratings of 10% and 30%, respectively, based on proposed Department of Veterans Affairs (VA) ratings.  On 23 January 2018, Petitioner accepted her PEB findings and was transferred to the Permanent Disability Retirement List on 28 April 2018.   
 
     c.  On 23 January 2019, the VA increased Petitioner’s disability rating for her Lichen Planopilaris to 60% effective 28 April 2018.  The decision was based on additional service medical treatment records that were not available to the VA prior to their decision. 
 
     d.  In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to increase her PEB disability rating determined that the evidence supports relief.  The opinion states that Petitioner qualified for a 60% disability rating at the time of her transfer to the PDRL due to 12 months of immunosuppressive treatment.  In their opinion, Petitioner’s PEB record should be changed to be consistent with the VA rating assigned to her effective 28 April 2018. 
                                     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice 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 changing Petitioner’s PEB assigned disability rating for her Lichen Planopilaris to 60% effective 28 April 2018.  The Board agreed with the advisory opinions that an injustice exists in Petitioner’s record based on the PEB’s reliance on an erroneous VA rating that was changed upon her retirement. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by changing Petitioner’s PEB assigned disability rating for her Lichen Planopilaris condition from 30% to 60% effective from the date of her transfer to the PDRL.  Petitioner’s combined PEB rating is increased from 40% to 60% effective the date of her transfer to the PDRL.  
 
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. 
                   
/16/2021
Deputy Director