DEPARTMENT OF THE NAVY 

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


Docket No. 7514-17 

JUL 30 2018 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration ofthe entire record, 
the Board found the evidence submitted was insufficient to establish the existence ofprobable 
material error or injustice. Consequently, your application has been denied. 

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 of:Naval Records, sitting in executive session, considered your 
application on 12 July 2018. 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. In addition, the Board considered the advisory opinion 
contained in Director CORB !tr 1910 CORB: 002 of24 Apr 18; a copy of which was previously 
provided to you for comment. 

A review ofyour record shows that you entered active duty with the Navy in August 2001. You 
suffered an electrical burn to your right thumb in May 2004 which required a fasciotomy and 
scar excision procedure. A medical board referred you to the Physical Evaluation Board (PEB) 
for a number of disability conditions related to your right thumb including status post right 
thumb electrical injury with compartment syndrome, status post fasciotomy right thumb, status 
post ulnar and radial digital nerve injuries secondary to electrical butn and depression right 
thumb, status post z-plasty scar revision and neurorrhaphy right thumb, and residual loss of 
sensation right thumb. The PEB found you unfit for continued naval service for Status post right 
thumb electrical injury with compartment syndrome and determined all your other referred 
category two conditions that were related to your primary unfitting condition. Your unfitting 
condition was rated at 30% and you were placed on the Temporary Disability Retirement List
after accepting the findings of the PEB. You were subsequently placed on the Permanent 
Disability Retirement List with a 30% disability rating in 2007. After your placement on the 
disability retirement list, the Department ofVeterans Affairs (VA) rated you for a number of 
service connected disability ratings including contracture, right thumb, status post electrical bur
with carpal tunnel, fasciotomy and neurorrhaphy of ulnar and radial digital nerves (30%), scar 
right thumb (20% ), limitation of motion ofthe right long finger associated with ankyloses of 
right thumb (I0% ), limitation of motion ofindex finger associated with ankyloses ofright thumb 
(10%), favorable ankyloses of right thumb (10%) carpal tunnel syndrome left hand (10%), 
limitation of motion right ring finger associated with right thumb (0% ), and limitation of right 
little finger associated with right thumb (0%). 

The Board carefully considered your arguments that you were improperly rated by the PEB 
based on your VA ratings. Unfortunately, the Board disagreed with your rationale for relief. In 
making their findings, the Board substantially concurred with the advisory opinion contained in 
Director CORB !tr 1910 CORB: 002 of24 Apr 18. Specifically, the Board concluded that the 
PEB properly rated your thumb condition at 30% utilizing the "Amputation Rule" under VASRD 
§ 4.68. Since the maximum assignable rating for an amputation of your right thumb was 30%, 
the Board determined the PEB assigned the correct rating for your multiple thumb conditions. 
Regarding your request to be rated for a number of VA rated conditions for other fingers and 
carpal turmel syndrome of your left hand, the Board could find no medical evidence these 
conditions existed prior to your placement on the disability retirement list or that they were 
considered to create an occupational impairment sufficient to warrant a finding ofunfitness for 
continued naval service. As pointed out in the advisory opinion, the VA rated you for these 
conditions based on a 2012 examination that occurred approximately five years after your 
placement on the Permanent Disability Retirement List. The Board again agreed with the 
advisory opinion thatthis gap in time makes the 2012 examination less probative on the issue of 
unfitness for continued naval service. Based on these findings, the Board concluded that no error 
or injustice exists in your case. 

It is regretted that the circumstances of your case are such that favorable action carmot 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 



Executive Director