RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00999
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability rating assigned upon his retirement from the Air Force be
changed from 30% to reflect a rating commensurate with his complete
disabilities.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical retirement should include all the medical conditions that he
suffered while he was on active duty, not just those that rendered him
unfit for further military service. He should be compensated for his neck
and shoulder pains, which were documented as part of his initial Medical
Evaluation Board (MEB) package. The constant pains in his neck and
shoulder limit his day-to-day activities and should be included in his
disability rating.
In support of his request, the applicant provided documentation associated
with his Disability Evaluation System (DES) processing, and extracts from
his military and civilian medical records. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air Force on
30 Mar 84. He was progressively promoted to the grade of technical
sergeant, having assumed that grade effective and with a date of rank of 1
May 97.
An MEB was convened on 21 Jun 00 and referred his case to an Informal
Physical Evaluation Board (IPEB) with a diagnosis of low back pain and left
hand weakness. On 7 Jul 00, the IPEB found him unfit for further military
service based on a diagnosis of low back pain and left hand weakness. The
IPEB recommended that he be placed on the Temporary Disability Retired List
(TDRL) with a combined compensable rating of 50%. The applicant agreed
with the findings and recommended disposition of the IPEB. He was placed
on the TDRL on 23 Aug 00. On 17 Dec 01, the Air Force PEB recommended that
the applicant be permanently retired from the Air Force based on a
diagnosis of low back pain and slight left hand weakness with a combined
disability rating of 30%. The applicant concurred with the recommended
findings. On 31 Jan 02, he was removed from the TDRL and retired in the
grade of technical sergeant with a compensable rating of 30%. He served 16
years, 7 months, and 10 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed the applicant's request and recommends
denial. The Medical Consultant states that the applicant has a long
history of neck, left shoulder, left arm and hand complaints that began
before entering active duty. His civilian medical records indicate that he
experienced shoulder and neck pain in adolescence. The service medical
record clearly documents problems with his neck and left shoulder since he
entered the Air Force. He underwent surgery in 1989 for what was an
existing prior to service condition. The medical evaluations over time
identified a number of possible causes for his chronic neck pain, left
shoulder/arm pain, and left hand weakness. The diagnoses include cervical
spine degenerative disc disease, thoriacic outlet syndrome, carpal tunnel
syndrome, myofascial pain, and tendonitis. These diagnoses are not
mutually exclusive and he may have had one or more at a time. In spite of
his ongoing neck pain, there is no evidence in the medical records to
suggest that these chronic complaints interfered with the performance of
his duties. Shoulder disease may be unfitting for continued military
service, and includes severe pain, weakness, of loss of range of motion
that results in marked loss of function. Shoulder range of motion that is
less than 90 degrees forward elevation of abduction to 90 degrees is
considered severe enough to result in marked loss of function. On the TDRL
evaluation his shoulder range of motion clearly exceeded this, and
documented strength on numerous examinations was recorded as within the
normal range about the shoulder. His documented grip strength was mildly
reduced and was not documented in the medical records to be of a severity
resulting in interference with duty. The PEB appears to have considered
his neck and left upper extremity complaints and ruled in favor of the
applicant by rating and compensating for his objectively demonstrated left
hand weakness.
For an individual to be considered unfit for military service, there must
be a medical condition so severe that it prevents performance of any work
commensurate with rank and experience. The mere presence of a medical
condition does not qualify a member for disability discharge, retirement,
or compensation. Once an individual has been declared unfit, the Service
Secretaries are required by law to rate the condition based upon the degree
of disability at the time of permanent disposition and not upon the
possibility of future events. In this instance, the applicant's back
condition rendered him unfit for continued military service and this
condition was rated and compensated. His neck and shoulder condition did
not render him unfit for continued military service and was not rated or
compensated. The Department of Veterans Affairs (DVA) may rate any service-
connected condition without regard to the previous determination of
fitness, and increase or decrease the compensation ratings based upon the
individual's condition at the time of future evaluations. This is the
reason why an individual can be found fit for service and yet soon
thereafter receive a compensation rating from the DVA for service-
connected, but militarily not unfitting conditions. The Medical Consultant
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 30 Aug
02 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 error or injustice. Evidence has not been presented which
would lead us to believe that the applicant’s disability processing and the
final disposition of his case were in error or contrary to the governing
Air Force regulations, which implement and the law. We agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of evidence to the contrary, we find no compelling 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 Docket Number 02-00999 in
Executive Session on 2 Oct 02, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 7 Aug 02.
Exhibit D. Letter, SAF/MRBR, dated 4 Sep 02.
THOMAS S. MARKIEWICZ
Vice Chair
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