RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00522 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The zero (0) percent disability rating he received for Deep Venous Thrombosis (DVT) be increased to 40 percent. APPLICANT CONTENDS THAT: At the time of his medical board, he received a rating of 0 percent for DVT. The Department of Veterans Affairs (DVA) subsequently increased the rating for DVT to 40 percent. In support of his request, the applicant provides a copy of his DVA Rating Decision. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 6 June 1999, the applicant entered the Regular Air Force. According to an AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 12 October 2012, the IPEB found the applicant unfit based on the diagnoses of right knee osteoarthritis and chondromalacia of the patella, low back pain from a herniated disc, left shoulder and wrist pain, and DVT. The applicant was diagnosed with DVT in April 2012 and had a thrombosis of the right popliteal vein for which he was being treated with Coumadin. Accordingly, the IPEB recommended he be permanently retired with a combined disability rating of 40 percent in accordance with Department of Defense (DoD) guidance for applying the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. The DVT was rated at 0 percent. According to a DVA Disability Evaluation System (DES) Proposed Rating memorandum dated 25 October 2012, the DVA determined the applicant’s potential entitlement to DVA disability compensation for DVT was 0 percent. The DVA assigned a non-compensable evaluation for DVT because there were no compensable symptoms. A higher evaluation of 10 percent was not warranted unless there was intermittent edema of extremity or aching and fatigue in the leg after prolonged standing or walking, with symptoms relieved by elevation of extremity or compression hosiery. According to an AF Form 1180, Action on Informal Physical Evaluation Board Findings and Recommended Disposition, dated 13 November 2012, the applicant disagreed with the findings of the IPEB and requested a Formal PEB (FPEB). In a letter dated 8 January 2013, the applicant stated that he received an explanation of the IPEB findings from his assigned Air Force attorney and agreed with the findings of the IPEB and waived his right to a FPEB hearing. According to AFPC/DPFD’s memorandum dated 8 August 2013, the Secretary of the Air Force directed the applicant be permanently retired under the provisions of Title 10 United States Code (USC) § 1201. According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he was honorably discharged from the Air Force and retired effective 29 October 2013. His narrative reason for discharge is “Disability, Permanent, Enhanced.” He served 14 years, 4 months and 23 days of active duty. According to the DVA Rating Decision dated 4 December 2014, the evaluation of DVT was increased to 10 percent effective 29 October 2013. According to the DVA Rating Decision dated 16 January 2014, the evaluation of DVT, which was 10 percent disabling, was increased to 40 percent effective 29 October 2013. AIR FORCE EVALUATION: AFPC/DPFD recommends denial. The preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. Per the new Integrated Disability Evaluation System (IDES) the unfit finding was sent to the DVA for a rating of the applicant's unfitting conditions. On 24 October 2012 the DVA assigned the DVT, right popliteal vein a proposed rating of 0 percent noting that a higher evaluation was not warranted unless there was intermittent edema of extremity or aching and fatigue in leg after prolonged standing or walking, with symptoms relieved by elevation of extremity or compression hosiery. The other unfitting medical conditions were rated and assigned a combined disability rating of 40 percent. The IPEB recommended permanent retirement at 40 percent. As background, the DoD and the DVA operate under separate laws. Under Title 10, USC, PEBs must determine if a member's condition renders him or her unfit for continued military service relating to his or her office, grade, rank or rating. The fact that a person may have a medical condition does not mean that the condition is unfitting for continued military service. To be unfitting, the condition must be such that it alone precludes the member from fulfilling his or her military duties. If the board renders a finding of unfit, the law provides appropriate compensation due to the premature termination of his or her career. Further, it must be noted that USAF disability boards must rate disabilities based on the member's condition at the time of evaluation; in essence a snapshot of the member’s condition at that time. It is the charge of the DVA to pick up where the Air Force must, by law, leave off. Under Title 38, USC, the DVA may rate any service-connected condition based upon future employability or reevaluated based on changes in the severity of a condition. This often results in different ratings by the two agencies. The complete DPFD evaluation is at Exhibit C. AFPC/JA recommends denial. The IDES process is a joint system created by Congress in which DoD and DVA work together. The IPEB identifies unfitting conditions and forwards the conditions to the DVA for ratings. The IPEB is mandated to rely on the DVA to provide the ratings for the unfitting conditions. At the time of the IPEB findings, the DVA rated the applicant’s DVT at 0 percent. The complete JA evaluation is at Exhibit D. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: During his medical board he and his attorney notified the IPEB that he had been subscribed compression hosiery in addition to his blood thinning therapy in order to relieve the symptoms of his DVT. The necessity of compression hosiery dictates a 10 percent disability rating, but other complications and symptoms for a DVT can rate up to 100 percent. The IPEB stated that they did not have the authority to declare a rating. However, since the DVT condition was a Category I finding, it would merit compensation. The IPEB needed a formal disability rating from the DVA. His Air Force attorney told him that he would need to receive a formal rating from the DVA, which could be a lengthy process. His attorney advised him that he had two options. The first option was to return to the Air Force until his treatment had been concluded and/or he received a DVA rating. He was urged to take the second option, which was to retire immediately and submit his DVA rating for his DVT at a later date. His attorney told him he had three years to submit a claim. The DVA recently gave him a 40 percent disability rating for his DVT. Therefore, he submitted the documentation to the Board within the three years as was the recommended course of action from his Air Force attorney. He finds it deplorable that his request has not already been granted. It appears DPFD and JA ignored the fact that the IPEB already determined his condition was deemed unfitting by the IPEB, his primary care physician, and the DVA. The conditions existed during his IPEB; however, he had hoped that blood thinning therapy and the utilization of compression stockings would have relieved the symptoms. Unfortunately, they have not and he will likely suffer from these conditions for the rest of his life. The applicant’s complete response is at Exhibit F. 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. We took notice of the applicant's complete submission in judging the merits of the case to include his response to the Air Force advisory evaluations; however, the applicant’s case has undergone an exhaustive review by DPFD and we do not find the evidence presented sufficient to overcome its assessment of the case. While the applicant asserts that the DVA recently gave him a 40 percent disability rating for his DVT, as noted by the OPR, the Military Disability Evaluation System only offers compensation for the medical conditions that are the cause for career termination; and then only to the degree of impairment present at the time of final disposition or military separation. Conversely, the Department of Veterans Affairs (DVA) operates under a separate set of laws which takes into account the fact that a person can acquire physical conditions during military service that may later progress in severity and alter the individual's lifestyle and future employability. Therefore, we agree with the opinions and recommendations of the Air Force OPRs and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. 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 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 this application in Executive Sessions on 9 December 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2014-00522: Exhibit A. DD Form 149, dated 31 January 2014, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 10 April 2014. Exhibit D. Letter, AFPC/JA, dated 5 May 2014. Exhibit E. Letter, SAF/MRBR, dated 15 May 2014. Exhibit F. Letter, Applicant, undated.