RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04675 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, heart disease, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. _________________________________________________________________ APPLICANT CONTENDS THAT: He had a change in his Agent Orange benefit that now includes heart disease. In addition, he has been on 50 mg of Zoloft for many years for his anxiety. In support of his request, the applicant provides a copy of his Department of Veterans Affairs (DVA) Rating Decision, a copy of his Bronze Star Medal (BSM) Citation, and an article on Agent Orange from the DVA. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force Reserve on 31 Jul 77 in the grade of master sergeant. While serving on active duty he served as a Programs and Work Control Superintendent. The applicant submitted a claim for CRSC for hypertension (since his coronary artery disease was included with his hypertension it was considered as well); however, his application was disapproved on 12 Apr 05. His application was disapproved based on the fact no evidence was provided to confirm his disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. To qualify as combat related the service-connected disability must be either: (1) attributed to an injury for which the Purple Heart was awarded; or (2) incurred as a direct result of armed conflict, while engaged in hazardous service, in the performance of duties under conditions simulating war, or through an instrumentality of war; as determined under criteria prescribed by the Secretary of Defense. The CRSC program was established to provide compensation to certain retirees with Combat-Related disabilities that qualify under the criteria set forth in Title 10, United States Code, (10 U.S.C.) Section 1413a. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. DPSDC states the applicant’s conditions do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of 10 U.S.C., Section 1413a. The VA awards service connected disabilities based on their standards. They resolve doubt in the interest of the veteran and grant service connection for injuries or diseases incurred while in service. While service connection for disabilities is required for initial eligibility for CRSC consideration, CRSC criteria is more stringent and requires documentation to support a qualifying combat-related event as the “direct” cause of a disability. In accordance with DD Form 2860, Claim for Combat-Related Special Compensation, the fact that the applicant incurred a disability in an area of armed conflict or while participating in combat operations is not sufficient by itself to support a combat- related determination. There must be a definite, documented, causal relationship between the armed conflict and the resulting disability. Although stress can certainly be a contributing factor to hypertension, they cannot approve this disability as combat related based on stress alone. Further, when considering chronic conditions, under CRSC guidelines, it is difficult to objectively determine a specific combat-related event as the direct cause, as opposed to an individual’s particular physical makeup. For hypertension to qualify for CRSC, it must be either secondary to a combat-related condition (such as diabetes or a heart condition contracted by exposure to Agent Orange) or presumptive to Prisoner of War (POW) internment and this must be so stated in the applicable VA Rating Decision. In this case, the documentation provided does not reflect a combat-related event as the direct cause of the applicant’s hypertension. By law, determinations of whether a disability is combat-related will be based on the preponderance of available documentary information. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture. While the applicant’s hypertension and coronary artery disease have since been separated by the VA, there is no indication that his heart condition is not still considered a complication of his hypertension. In order to ascertain why the conditions were separated and to see if the VA has now determined the applicant’s heart condition is related to, or aggravated by, Agent Orange exposure, they requested the Rating Decision that separated these conditions from both the VA and the applicant. However, they have been unable to attain these documents. The complete DPSDC evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation were forwarded to the applicant on 24 Feb 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The available evidence of record and the documentation provided by the applicant does not support a finding that his service- connected disabilities of hypertension and heart disease are combat-related or were incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war. Therefore, they do not qualify for compensation under the CRSC Act. Accordingly, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-04675 in Executive Session on 4 Sep 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Oct 11, w/atchs. Exhibit B. Letter, AFPC/DPSDC, dated 6 Feb 12. Exhibit C. Letter, SAF/MRBR, dated 24 Feb 12. Panel Chair