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AF | BCMR | CY2002 | 0200999
Original file (0200999.DOC) Auto-classification: Denied

                            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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