DEPARTMENT OF THE NAVY 

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


Docket No. 1955-17 
OCT 09 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of IO USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 31 August 2017. The names and votes ofthe members ofthe panel will be 
furnished upon request. Your allegations oferror and injustice were reviewed in accordance 
with administrative regulations and procedures applicable to the proceedings ofthis Board. 
Documentary material considered by the Board consisted ofyour application, together with all 
material submitted in support thereof, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in August 1985 and 
served approximately 12 years as a musician before your discharge on 18 August 1998. On 12 
November 1997, you were diagnosed with bilateral patent patulous eustachian tubes by a 
medical board and referred to the Physical Evaluation Board (PEB) after reporting fullness of 
your ears was interfering with your ability to play musical instruments. The PEB found you 
unfit for continued naval service and rated your condition, by analogy, as chronic otitis extema 
with a 10% rating. This resulted in your discharge from the Navy for a disability. 

The Board carefully considered your arguments that you were improperly rated by the PEB for 
chronic otitis extema vice Meniere's syndrome. You assert that you should have been rated at 
30% under the latter condition since you lacked symptoms related to chronic otitis extema. 
Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined 
you lacked the symptoms for Meniere's syndrome since you specifically denied vertigo. In order 
to qualify for a 30% disability rating under VASRD 6205 (Meniere's syndrome), there must be 
symptoms ofhearing impairment with vertigo less than once a month, with or without tinnitus. 
The Board concluded that your 12 November 1997 medical board report conclusively rules out 
Meniere's syndrome since you denied any symptoms ofvertigo at the time. Second, the Board 
decided that the PEB reasonably applied the code for Chronic otitis externa since it was the most 
analogous code to apply. Under V ASRD 6210 (Chronic otitis externa), symptoms ofswelling, 
dry and scaly or serous discharge, and itching requiring frequent and prolonged treatment 
warrants a 10% disability rating. This code is commonly used for ear conditions symptoms that 
are associated with earaches. The Board concluded that your bilateral patent patulous eustachian 
tubes created similar symptoms, specifically pain caused by fullness, which could be described 
as an earache. Accordingly, the Board was unable to find an error or injustice warranting a 
correction to your record and denied your application. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director