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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