RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02719 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His permanent compensable disability rating of 30 percent should be increased to 50 percent and made retroactive to his retirement date. ________________________________________________________________ THE APPLICANT CONTENDS THAT: At retirement, he should have been rated at 50 percent for Post- Traumatic Stress Disorder (PTSD); which is more consistent with the 100 percent compensable disability rating received from the Department of Veterans Affairs (DVA) and the Social Security Administration (SSA). In support of his appeal, the applicant provides copies of his SSA Decisional documents and his military retirement orders. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, prior to his disability retirement processing, the applicant was rated by the DVA with a compensable disability rating of 100 percent on 16 Feb 07. The applicant was processed through the Disability Evaluation System (DES) and his case was referred to the Informal Physical Evaluation Board (IPEB) for PTSD. The IPEB recommended the applicant’s name be placed on the Temporary Disability Retired List (TDRL) with a compensable disability rating of 50 percent, and reevaluation in six months. The applicant nonconcurred and requested his case be referred to the Formal PEB (FPEB). The FPEB concurred with the placement on the TDRL with a compensable rating at 50 percent. The applicant nonconcurred and requested his case be submitted to the Secretary of the Air Force Personnel Council (SAFPC) for consideration. The SAFPC concurred with the findings of the FPEB and directed the applicant be placed on the TDRL. The Informal Physical Evaluation Board (IPEB) recommended removing the applicant from the TDRL and that he be permanently retired with a compensable disability rating of 30 percent. The applicant’s name was removed from the TDRL on 12 Jun 11, and he was permanently disability retired with a compensable rating of 30 percent. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSD recommends denial, stating, in part, the preponderance of evidence reflects that no error or injustice occurred during the disability process or the rating applied at the time of the boards. They defer to the Board to determine if the applicant should have been awarded a higher percentage of disability when removed from TDRL. DPSD notes that as background, the Department of Defense (DoD) and the Department of Veterans Affairs (DVA) disability evaluation systems operate under separate laws. Moreover, the DVA rates service connected disabilities in an on-going fashion. By contrast, the service Physical Evaluation Boards (PEBs) rate only the unfitting disability as it exists at the time of the board. As such, they did not find the fact that the DVA subsequently rated his condition differently than did the Air Force to be remarkable, uncommon, nor in any way evidence that the Air Force rating was incorrect or unjust. Moreover, it is noteworthy that three separate Boards reviewed this case and rendered essentially the same findings; the DoD is not required to match a rating by the DVA. The complete AFPC/DPSD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Sep 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The Air Force office of primary responsibility (OPR) has provided a thorough review of the applicant’s case and has adequately addressed the issues presented, and we are in agreement with the OPR’s opinion and recommendation. With respect to the applicant’s request for a change in his permanent compensable disability rating, we did not find the evidence provided sufficient to overcome the OPR’s assessment of the case. In addition, we note the applicant was given three levels of review prior to the determination to separate him at the compensable rate of 30 percent. While we note that the disparity between the applicant’s rating by the DVA and the MDES utilizing the same VASRD; based on the available evidence of record and noting that different evaluators can come to different assessments of the severity of same condition at any given time based on noted medical factors, the evidence of record indicates the applicant’s condition had improved at the time it was assessed at reevaluation on the TDRL. Therefore, we are not inclined to disturb the evaluation conducting by military officials who were closely involved in rating the applicant at the time this determination was made. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02719 in Executive Session on 29 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 26 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11. Panel Chair