DEPARTMENT OF THE NAVY 

BOARD FORCORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490  

Docket No: 1331-16 
NOV 16 2016 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref:. (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 
(2) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected 
to increase his Physical Evaluation Board disability rating to 60% or greater. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 13 October 2016 and, pursuant to its regulations, determined 
that the corrective action indicated below should be taken on the available evidence ofrecord. 
Documentary material considered by the Board consisted ofthe enclosures, naval records, and 
applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord 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 was found unfit for continued naval service due to his Pulmonary Embolism 
condition by the Physical Evaluation Board (PEB). In a proposed rating decision, the 
Department ofVeterans Affairs (VA) assigned a 30% disability rating for his PEB referred 
condition. This proposed rating was affirmed upon reconsideration by the VA on 15 July 2013. 

c. Consistent with the VA's rating, the PEB assigned a 30% disability rating to the Petitioner 
for Pulmonary Vascular Disease SIP Pulmonary Embolism, V ASRD 6817. In accordance with 
his 30% rating, he was placed on the Permanent Disability Retirement List (PDRL) on 30 
October 2013. 

d. On 27 November 2013, the VA issued their final rating for Petitioner's Pulmonary 
Vascular Disease. His final disability rating was increased to 60% from 30%. In a 26 August 
2014 letter, the VA explained that its 15 July 2013 rating decision was only a proposed rating 
decision. The subsequent 27 November 2013 rating decision was a final rating decision effective 
the day after Petitioner's placement on the PDRL. 

e. On 7 January 2014, the VA also rated Petitioner 100% disabled for Coronary Artery 
Disease with congestive heart failure and syncope, status post myocardial infarction. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an 
injustice warranting the following partial corrective action. 

The Board concluded that sufficient evidence exist to change Petitioner's record to reflect a PEB 
issued disability rating of 60% for his Pulmonary Vascular Disease S/P Pulmonary Embolism. 
In the Board's opinion, had the VA issued their final rating decision prior to the PEB's final 
adjudication of Petitioner's case, he would have received a 60% disability rating since the PEB 
based their disability rating on the VA's rating decision. The Board did not find sufficient 
evidence exists to increase Petitioner's PEB rating beyond 60% since there was no evidence that 
he was referred through the disability evaluation system for coronary artery disease or that he 
was unfit for that condition at the time ofhis placement on the PDRL. 

RECOMMENDATION: 

That Petitioner's naval record be corrected, where appropriate, to show that: 

a. Petitioner's 18 July 2013 Physical Evaluation Board rating for Pulmonary 
Vascular Disease SIP Pulmonary Embolism, VASRD 6817, is 60% instead of 30%. His 
combined disability rating is 60% instead of 30%. 

b. Petitioner was placed on the Permanent Disability Retirement List effective 30 
October 2013 with a combined disability rating of 60%. 

c. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record ofthe Board's procedings in e above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6( e) ofthe revised Procedures ofthe 
Board for Correction ofNaval 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 ofthe Secretary ofthe Navy. 


Executive Director