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AF | BCMR | CY2000 | 9400210A
Original file (9400210A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  94-00210A
            INDEX NUMBER(S):  108.01; 108.07

            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be evaluated and assigned a disability rating of 100%, for  Post
Traumatic Stress Disorder (PTSD);  injuries  to  his  spine,  right
knee, shoulder, elbow, wrist and  other  joints;  and  degenerative
joint disease.

___________________________________________________________________

RESUME OF THE CASE:

The applicant’s Master Personnel Record (MPR) and  medical  records
were lost during the 1994 processing of his case.  However, he  has
provided copies of the Medical Evaluation Board (MEB) and  Physical
Evaluation Board (PEB) proceedings.

On 29 March 1994, the Board considered and approved the applicant’s
request that an MEB be convened for the  purpose  of  undergoing  a
physical examination and review by an MEB and PEB to determine  his
medical condition as of 31 August 1993, the date he was retired for
length of service.  At the direction of  the  AFBCMR,  an  MEB  was
conducted on  25  August  1994.   The  MEB  rendered  diagnoses  of
idiopathic  dilated  cardiomyopathy  in  chronic  congestive  heart
failure, fairly stable, with ejection fraction in the range of  25-
45%, NYHA Class III, since 1990; DSM III  R  309.89  post-traumatic
stress disorder of long-standing duration  and  DSM  III  R  296.23
major depression, single episode, severe; S&I impairment:   severe,
since 1973; severe post-traumatic degenerative  joint  disease  and
pain at multiple  areas  of  cervical  and  thoracic  spine,  right
patella and  right  shoulder,  with  radiologic  evidence  of  C2-3
autofusion and several compressed fractures of the  thoracic  spine
(S/P 24 June 1993 anthroscopy, partial menisectomy  and  debridment
of chondromalacia, right knee; S/P 14 January 1968, multiple trauma
when his aircraft was shot down and he ejected and  landed  in  the
top of some trees), since 14  January  1968;  post-traumatic  right
shoulder impingement syndrome S/P 9 November  1992  right  shoulder
decompression  Neer  type   with   transient   improvement,   since
14 January  1968;  gastroesophageal   Reflux   Disease,   medically
controlled, since 1992; and  S/P/O  August  1994  repair  of  right
inguinal hernia, since August 1994.  The Board recommended referral
to an Informal PEB.  The IPEB was conducted on 29 August 1994.  The
IPEB rendered diagnoses of idiopathic dilated  cardiomyopathy,  New
York Heart Association Class III, rated at  60%;  right  knee  pain
with degenerative joint disease,  status  post-surgical  procedure,
rated at 10%, for a combined  compensable  rating  of  64%.   Other
diagnoses considered but not ratable were status post  surgery  for
right shoulder impingement; back pain; gastroesophageal reflux; and
status post excision, merton’s tumor, left foot.  The  Board  found
him unfit because of physical disability, which was incurred in the
line of duty in the time of war  or  national  emergency  or  after
14 September 1978; the disability was the direct  result  of  armed
conflict or was caused by an instrumentality of war and incurred in
the line of duty during a period of war; the disability was not the
direct result of a combat-related injury; and that  the  disability
was permanent.   They  recommended  permanent  retirement,  with  a
compensable percentage of 60%.  After having been notified  of  the
Board’s findings, on 27 October 1994, the AFBCMR directed that  the
applicant’s records be corrected to show that on 30 August 1993, he
was found unfit to perform the duties of his office,  rank,  grade,
or rating by reason of physical disability, incurred while  he  was
entitled to receive basic pay; that the diagnoses in his case were:
 (1) idiopathic dilated cardiomyopathy, New York Heart  Association
Class III, VA diagnostic code 7099-7000, rated at  60%;  (2)  right
knee pain with degenerative joint  disease,  status  post  surgical
procedure,  VA  diagnostic  code  5257,  rated  at  10%;  that  the
compensable  percentage  was  60%;  and  that  the  disability  was
permanent.  The Board further directed that the record be corrected
to show that on 31 August 1993, he was  honorably  discharged  and,
effective 1 September 1993, he was permanently retired by reason of
physical disability under the provisions of AFR  35-4  and  10  USC
1201, rather than for length of service  under  the  provisions  of
AFR 35-7 (see AFBCMR 94-00210, at Exhibits B and C).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not evaluated and assigned a  disability  rating  for  post-
traumatic stress disease (PTSD); injuries to his spine, right knee,
shoulder, elbow, wrist and other  joints;  and  degenerative  joint
disease.

The application and the evidence submitted in support of the appeal
are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The remaining relevant facts pertaining  to  this  application  are
contained in the letter prepared by the appropriate office  of  the
Air Force.  Accordingly, there is no need to recite these facts  in
this Record of Proceedings.  A complete  copy  of  the  applicant’s
submission is at Exhibit A.

___________________________________________________________________

AIR FORCE EVALUATION:

Pursuant to the  Board’s  request,  the  BCMR  Medical  Consultant,
reviewed the applicant’s most  recent  submission  and  recommended
denial.  In the Medical  Consultant’s  view,  the  records  do  not
support the applicant’s claim that he should have received a higher
disability award from the disability  evaluation  system  in  1994.
The only unfitting conditions for which disability compensation was
appropriate were those listed  in  the  IPEB’s  findings.   He  was
appropriately evaluated and received a proper disability rating  at
the time of the BCMR-directed evaluation in 1994, and there  is  no
evidence to support a higher rating.   He  was  clearly  physically
able to complete a full 30-year career, albeit  with  some  medical
problems which, other than those noted,  were  not  unfitting,  and
therefore not compensable in his disability evaluation.  That he is
receiving  compensation  from  the  DVA  for  these  many  service-
connected, but not unfitting conditions, is  appropriate  to  their
directives that allow such compensation while the military is  held
to compensating only those conditions that render  a  member  unfit
for further military service.

A complete copy  of  the  Medical  Consultant’s  evaluation  is  at
Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the evaluation was forwarded to the applicant on 28  July
2000, for review and response within  30  days  (Exhibit  E).   The
applicant’s response to the advisory opinion 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 not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of probable error  or  injustice  warranting  partial
relief of the applicant’s requests.  Our review of this application
is confounded as the applicant’s personnel and medical records have
been lost.  However,  the  applicant  has  provided  documentation,
which appears to indicate that he had a long  history  of  symptoms
associated with Post Traumatic Stress Disorder (PTSD).  Moreover, a
Medical Evaluation  Board  (MEB),  conducted  on  25  August  1994,
rendered diagnoses  of  DSM III  R  309.89  PTSD  of  long-standing
duration and severe post traumatic degenerative joint  disease  and
pain at multiple areas, including his spine, right knee  and  right
shoulder.  While we hesitate to  assign  ratings  to  a  particular
disability, we believe the applicant’s case of PTSD  is  severe  in
nature and should carry the  corresponding  compensable  disability
rating of 70%, in accordance with  Department  of  Veteran  Affairs
(DVA) guidelines.

4.  With respect to the  applicant’s  request  for  evaluation  and
assignment of a  disability  rating  for  injuries  to  his  spine,
shoulder, elbow, wrist and other joints,  and  severe  degenerative
joint disease, we believe that this case should be  returned  to  a
Physical Evaluation Board (PEB)  for  their  determination  of  his
medical condition at the time of permanent  disposition.   Although
the PEB, conducted on 29  August  1994,  considered  diagnoses  for
right shoulder  impingement  and  back  pain,  our  review  of  the
documents submitted by the  applicant  revealed  the  PEB  provided
disability ratings for idiopathic dilated cardiomyopathy NYHA Class
III  and  right  knee  pain  with   degenerative   joint   disease.
Therefore, we recommend that the applicant’s records  be  corrected
to the extent indicated below.

5.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that on 30 August 1993,
he was found unfit to perform  the  duties  of  his  office,  rank,
grade, or rating by reason of physical disability,  incurred  while
entitled to receive basic pay; that the diagnoses in his case were:
 (1) idiopathic dilated cardiomyopathy, New York Heart  Association
Class III, VASRD code 7099-7000, rated at 60%; (2) right knee  pain
with degenerative joint disease, status  post  surgical  procedure,
VASRD code 5257, rated at  10%;  (3) severe  post-traumatic  stress
disorder (PTSD), VASRD Code 9411, rated at 70%; that  the  combined
compensable rating is 90%; and that the disability is permanent.

It is further recommended that he  be  issued  invitational  travel
orders for the  purpose  of  undergoing  physical  examination  and
review by a  Physical  Evaluation  Board  (PEB)  to  determine  his
medical condition, with respect to degenerative joint disease, as a
result of injuries to his spine, shoulder, elbow, wrist  and  other
joints, as of 1 September 1993, the date he was permanently retired
by reason of physical disability.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 5 October 2000, under the provisions of AFI 36-
2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Mr. Steven A. Shaw, Member
                 Mr. George Franklin, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 May 2000, w/atchs.
    Exhibit B.  AFBCMR 94-00210, dated 8 Apr 2000, w/atchs.
    Exhibit C.  AFBCMR 94-00210, dated 31 Oct 2000, w/atchs.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 21 Jul 2000.
    Exhibit E.  Letter, AFBCMR, dated 28 Jul 2000.
    Exhibit F.  Letter, Applicant, dated 26 Aug 2000.




                                   GREGORY H. PETKOFF
                                   Panel Chair


AFBCMR 94-00210A




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to, be corrected to show that on 30 August 1993, he
was found unfit to perform the duties of his office, rank, grade,
or rating by reason of physical disability, incurred while entitled
to receive basic pay; that the diagnoses in his case were:  (1)
idiopathic dilated cardiomyopathy, New York Heart Association Class
III, VASRD code 7099-7000, rated at 60%; (2) right knee pain with
degenerative joint disease, status post surgical procedure, VASRD
code 5257, rated at 10%; (3) severe post-traumatic stress disorder
(PTSD), VASRD Code 9411, rated at 70%; that the combined
compensable rating is 90%; and, that the disability is permanent.

      It is further directed that he be issued invitational travel
orders for the purpose of undergoing physical examination and
review by a Physical Evaluation Board (PEB) to determine his
medical condition, with respect to degenerative joint disease as a
result of injuries to his spine, shoulder, elbow, wrist and other
joints, as of 1 September 1993, the date he was permanently retired
by reason of physical disability.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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