141.00 Disability Retirement - Retire on disability
Record of proceedings - Case No.013-82, xxxxxxxx
Pursuant of the provisions of Title 10 U.S.C. 1522, Subject hereinafter referred to as the petitioner, filed written application contained as part of Attachment 2 with this Board alleging that error or injustice did occur regarding the determinations of his request for disability retirement.
A hearing was requested and administratively denied on the grounds that the merits of the case could be efficiently presented through documentation. Xxxxxx was notified of his option to request reconsideration of the hearing denial and was granted 45 days in which to do so. Xxxxxx did not request reconsideration of the hearing.
The Board considered all documenting evidence, statutes, regulations and policies contained in Attachment 2.
The relevant facts of this case and the Board's Findings, Conclusions and Recommendations are attached as Attachment 1 to avoid repetition. After review and consideration of all evidence of record, the Board has made the following recommendations.
That Xxxxxxxxx is to remain on the inactive reserve list, receiving no pay or compensation of any kind from the Public Health Service, but that he could apply to the Veterans Administration for disability benefits for any service-related disabilities.
It is certified that a quorum was present at the Board's deliberations and that the foregoing and attachments are a true and complete record of the Board's proceedings in the above entitled matter.
The foregoing action of the Board is submitted for your and approval.
Robert J. Miranda
(1) Board's Findings, Conclusions, and Recommendations
(2) Case Brief and all available documenting evidence
Reviewed and Approved:
Wilford J. Forbush
Assistant Secretary for Health Operations and
Director, Office of Management
Findings, Conclusions, and Recommendations Board for Correction of Public Health Service Commissioned Corps Personnel Records
Case No: 013-82
Date of Application: xxxxxx 1982
Petitioner's Name and Address:
Service No./Social Security No.: xxxxxxxxx
Date of Alleged Error or Injustice: xxxxxxxx 1981
Alleged Error or Injustice: That determinations regarding request for disability were unjust.
Applicant's Requested Corrective Action: Disability Retirement
Date of Board Meeting: xxxxxx 1982
A hearing was requested and administratively denied on the grounds that the merits of this case could be effectively presented through documentation. Xxxxxx was notified of his option to request reconsideration of the hearing denial and granted xx days in which to do so. Xxxxxx did not request reconsideration of the hearing denial and the case was reviewed by the Board on xxxxx 1982 on the basis of all documenting evidence.
I. Findings and Conclusions
After reviewing all available documentary evidence, the Board arrived at the following findings and conclusions:
- xxxxx served on active duty in the PHS Commissioned Corps from xxxx 1976 unti1 xxxxxx 1979 when he was placed on the temporary disability retired list.
Xxxxxx sustained a xxxxxxxx xxxxxxx in xxxxxx 1979. xxxxxxx xxxxxxxx on xxxxxx,1979, xxxxxxxxx.
- Q1 xxxxx 1979, Medical Review Board (MRB), recommended limited duty for 12 months. Since this recommendation was rejected by xxxxxx, a second Medical Review Board was held on xxxxxx 1979 at the xxxxxxxxxxxx which recommended that Xxxxxx be placed on Temporary Disability Retirement and reevaluated after eighteen months as required by law.
- In accordance with Title 10 U.S.C. 1210, Xxxxxx xxxxx status was reevaluated and the officer was found to have normal, xxxxxx. The officer was found fit for duty and considered functional Class I.
- In accordance with existing policy, the trauma sustained by Xxxxxx xxxxx xxxxxxxxxxxxxx of the xxxxxxxxxx xxx suffered while on temporary disability retirement are not notable when determining an officer's disability retirement rate. The subsequent MRB on xxxxxxx 1981 concurred with the medical evaluation and found the officer fit for duty.
- In response to Xxxxxx request, an Appeals Board (Full and Fair Hearing Board) on xxxxx 1981 in xxxxxxx xxxxx reviewed xxxxx xxxx status and found him to be in "Functional Class I"; that after considering the risk factors, that Xxxxxx is in a low-risk group and found him fit for duty in regard to his xxxxxxx status. The Board further considered Xxxxxx xxxxxxx and found that there was insufficient objective evidence to indicatexalteration in function, and that he was considered fit for duty as regards his xxxxxxx.
- The Board, after reviewing the documentation, is in agreement with the conclusions of the Full and Fair Hearing Board. By Xxxxxx own admission, he is still carrying out a medical practice, which although "reduced", is still a fair practice for a medical officer. Thus, Xxxxxx was still capable of carrying out the duties of his grade, category, and/or office at the time which is the major criteria for PHS disability retirement.
After consideration of all evidence and law, regulations and guidance pertinent to the issue at hand, the Board finds that no error or injustice has occurred and that the record should not be corrected.
Although the Board has determined that Xxxxxx is to remain on the inactive reserve list, thereby receiving no pay or compensation of any kind from the Public Health Service, he could apply to the Veterans Administration for disability benefits for any service-connected disabilities.
In accordance with Section 1.10. of CC49.9, Instruction 2 of the Commissioned Corps Personnel Manual, the Board would be willing to reconsider its determination on the basis of significant additional evidence submitted by Xxxxxx to address the issues raised in Section I, Findings and Conclusions, above.
I certify that the foregoing represents the consensus of the Board in the above stated matter.
Acting Executive Secretary
Board of Correction of Public Health Service Commissioned Corps Personnel Records Records
Anyone wishing to obtain an un-redacted copy of any of the decisions should submit a request for the un-redacted decision under the federal Freedom of Information Act (FOIA). Such requests should be directed to the PHS FOIA Office, Parklawn Building, Room 17 A-46, 5600 Fishers Lane, Rockville, MD 20857; telephone 301-443-5252; fax 301-443-0925.