RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03982 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Psychotic Disorder/ Schizophrenia, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ________________________________________________________________ APPLICANT CONTENDS THAT: While serving in Vietnam, he had to be removed from combat because of his schizophrenia. His medical condition is related to being in an hostile environment in a combat mode daily, to include being in the combat setting of shooting, being shot at, and the constant bombing and news of many being killed on a daily basis. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 10 Aug 67, the applicant commenced his enlistment in the Regular Air Force. On 23 Jul 70, the applicant underwent a medical evaluation board (MEB) for mental illness. He was diagnosed with schizophrenic reaction, paranoid type, chronic, moderate, in partial remission as manifested by loose associations, paranoid ideations, extreme feelings of hostility and anxiety; heart murmur, and acne. The MEB referred the applicant’s case to the Physical Evaluation Board (PEB). On 3 Aug 70, the PEB diagnosed the applicant with schizophrenic reaction, chronic, paranoid type, definite impairment of social and industrial adaptability. The PEB recommended placement on the temporary disability retirement list (TDRL) with a 30 percent disability rating. On 6 Aug 70, the applicant concurred with the findings and recommendation of the PEB. On 29 Aug 70, the applicant was placed on the TDRL with a 30 percent disability rating. On 29 Feb 72, the applicant underwent a TDRL reevaluation. He received a diagnosis of schizophrenic reaction, paranoid type, chronic, definite impairment of social and industrial adaptability and a recommendation to be retained on the TDRL with a 30 percent disability rating. On 11 Apr 72, the Secretary of the Air Force (SAF) directed the applicant be retained on the TDRL. On 28 Aug 73, the applicant underwent a second TDRL revaluation which determined his medical condition had not improved and that he be retained on the TDRL with a 30 percent disability rating. On 15 Oct 73, the SAF retained the applicant on the TDRL. On 27 Dec 08, according to documentation provided by the applicant, the DVA diagnosed the applicant with psychotic disorder with a 50 percent disability rating, effective 15 Jul 08. The DVA determined applicant’s symptoms did not meet the criteria for Schizophrenia. The CRSC program was established to provide compensation to certain retirees with combat-related disabilities that qualify under the established criteria. If the former service member fails to satisfy the preliminary CRSC criteria, no further consideration by their service department is required and the claim will be denied. If the service member satisfies the preliminary CRSC criteria, the request is reviewed for combat related determination. The applicant submitted a claim for CRSC for his Psychotic Disorder/Schizophrenia. On 6 Mar 09, the CRSC Board denied his request noting there was no evidence to confirm his Psychotic Disorder was the direct result of a combat related event or events. The applicant twice appealed the CRSC Board’s decision and his appeals were denied on 18 Mar 13 and 2 Jul 13. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFDC recommends denial noting the applicant’s medical condition does not meet the mandatory criteria for compensation under the CRSC program. The documentation provided does not confirm the applicant’s mental health condition was the direct result of a combat related event. Although the applicant was diagnosed with schizophrenia, the DVA changed his medical condition to psychotic disorder. The applicant was not diagnosed with post-traumatic stress disorder (PTSD). In order for a mental health condition to be approved for CRSC, the Board looks for documentation showing a direct link to a combat related factor rather than from routine causes or an individual’s particular physical make up. The applicant’s request did not contain any definitive evidence to confirm his schizophrenia or psychotic disorder were the direct result of a combat related event._ The DVA awards serviced-connected disabilities based on their standards. The DVA resolves doubt in the interest of the veteran and grants service connection for injuries or diseases incurred while in the service. While service connection is required for initial eligibility for CRSC consideration, CRSC guidance requires objective documentary information in order to support a combat related determination. Each service will determine whether a disability is combat related using the definitions and criteria set forth in DD Form 2860, Claim for Combat-related Special Compensation (CRSC). A complete copy of the AFPC/DPFDC evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 31 Mar 14, for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ 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 an error or an injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant is not the victim of an error or injustice. Therefore, 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 that the evidence presented did not demonstrate the existence of an 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-2013-03982 in Executive Session on 20 May 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Aug 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFDC, dated 6 Mar 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 31 Mar 14. Panel Chair