ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01184
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: Yes
______________________________________________________________
APPLICANT REQUESTS THAT:
The disability rating at the time of her discharge in February 1999 for be
increased from 20 percent to 30 percent in order to qualify her for medical
retirement.
______________________________________________________________
STATEMENT OF FACTS:
Applicant, a prior service enlisted member, was appointed a second
lieutenant, Reserve of the Air Force on 25 Aug 96 and was voluntarily
ordered to extended active duty on that same date. She was promoted to the
grade of first lieutenant, having assumed that grade effective and with a
date of rank of 25 Aug 98.
An MEB was convened on 28 Jul 98 and referred her case to an Informal
Physical Evaluation Board (IPEB) with a diagnosis of postpartum herniated
disk with debilitating pain syndrome and peripheral neuropathy of left leg,
mitral valve prolapse, first degree atrio-ventricular (AV) block, and
intraventricular heart conductive disease. On 24 Sep 98, the IPEB found
her unfit for further military service based on a diagnosis of chronic back
pain and first degree AV block. The IPEB recommended that she be
discharged with a combined compensable rating of 20%. The applicant
disagreed with the findings and recommended disposition of the IPEB and
requested a formal PEB (FPEB). On 22 Oct 98, the FPEB found her unfit for
further military service based on a compensable diagnosis of chronic back
pain at 20 percent; and a noncompensable diagnosis of first degree AV
block, mitral valve prolapse, and intraventricular heart conduction disease
possibly related to an existing prior to service (EPTS) first degree AV
block. The FPEB further recommended that she be discharged with severance
pay. She appealed the FPEB decision to the Air Force Personnel Board. The
Personnel Board concurred with the findings and recommendation of the FPEB
and the Office of the Secretary of the Air Force directed that she be
discharged with severance pay effective 18 Feb 99. She served 4 years, 7
months, and 8 days on active duty.
On 4 Oct 99, the DVA granted the applicant service connection for AV block
with intermittent second degree AV block and mitral valve prolapse with an
evaluation of 60 percent, service connection for degenerative disk joint
disease of the lumbar spine with fibrosis with an evaluation of 60 percent,
and service connection for restrictive airway disease with an evaluation of
zero percent.
A similar appeal was considered and denied by the Board on 27 Nov 01. For
an accounting of the rationale of the earlier decision by the Board, see
the Record of Proceedings at Exhibit F.
On 2 Jan 02, the applicant submitted a request for reconsideration. She
states that it was stated numerous times that her back and heart condition
did not interfere with her work attendance which is just not the case.
From the start of her back problems through her surgery she did not work
full time. After months of convalescent leave, she only worked 4-hour
days. Subsequent to her discharge the Department of Veterans Affairs noted
that the ruling of the Air Force regarding her condition was out of line
with the contents of her medical examinations. Therefore, she believes
that the gravity of her heart and back condition were not given the
appropriate diagnoses based on the guidelines and the examinations. She
has been under constant medical care since her discharge. In support of
her request, applicant provided a personal statement, a chronology of
events, extracts from her military medical records, and extracts from her
DVA medical records. Her complete submission, with attachments, is at
Exhibit G.
______________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The consultant states the
applicant entered active duty while pregnant, a condition disqualifying for
entry. There no evidence that she concealed this fact or whether it was
waived. At the time of delivery, she developed lower back pain, was
diagnosed with a slipped disc, and underwent surgery in January 1998.
After her surgery, she had continued pain with minimal neurologic
abnormalities interfering with duty and underwent disability evaluation
processing. The PEB noted that she was able to lift her child and had
infrequent medical visits with no ongoing physical therapy and no
requirement for braces or canes. She had an abnormal electromyography
study and reported some right-sided symptoms that correlated with the MIR
progression. She appeared to have back pain out of proportion to the
objective findings and other than mild weaknesses. Mild residual
weaknesses of her left ankle and foot and the reported sensory change in
the left lower leg would not alone interfere with duty. It was her report
of pain that interfered with duty. Post-operative MRIs revealed successful
discectomy without recurrence at the site of the surgery, but did reveal
the formation of scar tissue that would explain pain into the left leg and
foot, but not necessarily her back pain. It is likely that her chronic
back pain is related to multiple factors. Rating her disability form her
back pain is solely based on her report of the severity of the pain.
Review of her DVA records finds no evidence of progression of symptoms or
findings and as of 1 Oct 01, a DVA clinic note indicated her pain was
controlled and overshadowed by other medical concerns. It would seem that
her rating was reasonable and the differentiation between the DVA ratings
for intervertebal disc syndrome at 20 percent, and the 40 percent severe
recurring attacks with intermittent relief is open to interpretation.
Since her disc was removed and a post operative MRI showed successful
removal of the disc but scar tissue formation around the nerve root, use of
the VASRD code for neuralgia of the sciatic nerve would be an option. The
maximum rating in this instance would be 20 percent.
At the time of her MEB/PEB and discharge she had other medical issues
including an EPTS first degree heart block, recurrent syncope/near syncope
felt related to apparent progression of the EPTS heart condition, and
mitral valve prolapse. These conditions may be unfitting and compensable
but did not appear to interfere with the performance of her duty and were
not related. The VASRD rating for atrio-ventricular block at the 10
percent level requires limiting symptoms at an exercise workload of less
than 10 METS or continuous medication or pacemaker. She achieved 12 METS,
did not require a pacemaker or medication at that time.
Following her discharge she had a pacemaker placed that did not provide
symptomatic benefit indicating that heart beat conduction block was not the
cause of her symptoms. Following the failure of the pacemaker to correct
her symptoms, she was ultimately diagnosed with a condition that results
from abnormal congenital bands of heart tissue, which results in abnormally
rapid heart rates that can cause syncope. Active duty members with this
condition remain on active duty following successful correction. She
alludes to being treated for polymyositis with elevated cryoglobulins at
the time of her January 2002 letter. There is no evidence that while she
was on active duty that there were signs of polymyositis. A February 2002
rheumatology evaluation makes no mention of polymysitis.
Although she experienced ongoing and progressive medical problems following
her discharge, once an individual has been declared unfit, the condition is
rated based upon the degree of disability at the time of permanent
disposition and not on future events. Her rating appears to have been
appropriate. Her duty related problem was related to her herniated disc.
Her cardiac condition was not duty limiting. She has properly received
health care and disability benefits form the DVA. The Medical Consultant
evaluation is at Exhibit H.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that the Medical Consultant relied on the words of the
doctor instead of the specialist that saw her all of the time. The doctor
in his notes did not include all of the tests that he ordered because they
negated his own exam. She was a healthy 34-year-old female until the
disastrous labor and birth of her child, which was the result of the
substandard and negligent care she received. The physicians who delivered
her baby were young and inexperienced. She was over anesthetized to the
point of not being able to feel or use her muscles. Prior to her
separation, she reported an incident to the Office of Special Investigation
of a male nurse obtaining injectable steroids illegally from Tijuana and
injecting himself with insulin and was making significant patient errors.
She was told not to report the incident, but did so because it was a
reportable incident under the code of conduct. A senior Air Force officer
told her he would ruin her. She subsequently was given the stress tests
and was told by her cardiology consultants that it would be more prudent to
put her on the Temporary Disability Retired List (TDRL) and re-evaluated in
a year. Instead she was kicked out with an active herniated disc, an
unresolved and unexamined paradoxical hypotension, and a heart problem all
developing and progressing. The Medical Consultant noted that a pacemaker
was not needed for a year after her separation. The DVA lost her medical
record and the DVA cardiologist disagreed with the findings of the previous
cardiologists. She did not have extra tracts, cells, or tissue removed,
but the actual node was removed and she is still taking numerous
medications. She is not pacemaker assisted but dependent on it for life.
Her syncopal episodes are related to a combination of the heart problems
and the severe changes in her blood pressure. The only time she really
feels normal and her blood pressure is at its best when she is at rest in
supine position. She can no longer do the things that she used to be able
to do. She takes medication to control her pain, wears a girdle tight back
support to help her spasms, and receives anesthesia spinal injections. All
of her medical conditions developed during her last tour of duty and
progressed rapidly. The doctor that delivered her baby received permission
to have her child off base citing high risk but in truth she just knew
there was nobody experienced enough to deliver her child. She is aware
that two other members with herniated discs were sent out for surgery but
she was required to wait and live a year in pain.
In support of her request, applicant provided extracts from her military
and DVA medical records. Her complete submission, with attachments, is at
Exhibit J.
______________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends consideration for rating her
neurocardiogenic syncope based on the severity of the condition at the time
of her discharge. The Medical Consultant states that the additional
medical documentation provided by the applicant from her DVA medical
records shows that an exercise stress test performed in March 2002 after
her AV nodal ablation reveals poor exercise tolerance and a hypotensive and
bradycardic response. The progress notes reflect that at the time she had
stopped taking the medication intended to improve retention of fluid and
started an over the counter diuretic, both changes that would significantly
aggravate her neurocardiogenic syncope. Neurocardiogenic syncope was not
specifically considered by the MEB or PEB. The MEB and PEB related her
syncope to her EPTS first-degree heart block and intermittent second-degree
heart block. Evaluation subsequent to her discharge definitively diagnosed
neurocardiogenic syncope. Active duty documentation is not specific as to
whether her syncope interfered with duty, however she did experience
syncopal episodes and was evaluated in March 1998 for syncope and referred
for civilian cardiology evaluation. Her service medical records has no
other entries other than an 18 Mar 98 clinic note regarding problems
related to her cardiac history. There is no mention in the MEB and PEB
summaries of work disabilities or other limitations related to her cardiac
condition. Thus, the PEB reasonably concluded that this condition was not
unfitting. Her subsequent evaluations have diagnosed this condition and
cardiology evaluations have provided no evidence to link it to her EPTS
first-degree heart block. Had the diagnosis been made while on active duty
and included as an additional unfitting diagnosis in her evaluation board,
it is possible that the PEB would have determined it to be unfitting and
rated it for compensation. At the time, the mild degree would have
resulted in a rating of 10 percent according to VASRD code 8210. Following
discharge she developed rheumatic symptoms and cryoglubins. The service
medical record finds no evidence of these symptoms while on active duty.
The rating of her back condition at that time appears to have been
appropriate. Her duty-limiting problem was pain. Her neurocardiogenic
syncope was not clearly diagnosed while still on active duty and
documentation is insufficient to clearly judge the degree to which it may
have been unfitting since it was overshadowed by her back pain. The
Medical Consultant evaluation is at Exhibit K.
______________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant states that her initial board should have had a totally different
focus than the pain issue. The herniated discs can be easily explained but
the question all along should have been how a healthy female ended up with
a heart condition and subsequent medical problems. She had untreated
pregnancy-induced hypertension and thus her current heart condition and
problems are merely the normal sequelae that follow and the result of poor
judgment and treatment by novice family practice physicians. A pathology
report noted a mature placenta, pinkish gray, not the healthy red, with
multiple infarcts. She had a small infant that stopped growing prior to
delivery and was in great distress from the time of labor to delivery. At
the beginning of the 6th month there was an 8-pound weight gain and a 20-
point rise in blood pressure. The untrained physician was looking for a
blood pressure of 140/90 instead of realizing that she normally ran a very
low pressure. The physician noted she had no edema even though she
complained of it. She was allowed to work 8-hour shifts instead of 12.
For several months her weight gain continued at a steady pace and her blood
pressure continued to stay high. That stress on her heart and vessels
caused the permanent damage that she now lives with. She would not have
any of thee problems today had the physician been more experienced.
In further support of her request, applicant provided additional extracts
from her medical records. Her complete submission, with attachments, is at
Exhibit M.
______________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, along with the additional
evidence provided, we believe that sufficient relevant evidence has been
presented to demonstrate the existence of error or injustice that would
warrant corrective action. In this regard, we note that the BCMR Medical
Consultant believes that had her diagnosis of neorocardiogenic syncope been
made definitively while on active duty and included as an additional
unfitting diagnosis, that condition may have been determined as unfitting
and rated for compensation. We agree. It appears that during the course
of her physical evaluation process, her condition of neurocardiogenic
syncope was not given consideration since it was believed that her symptoms
were related to her EPTS first degree heart block. However, the syncope
condition was definitively diagnosed subsequent to her discharge and
determined not to be associated with her EPTS heart condition. In view of
the foregoing, we believe that the benefit of any doubt in this matter
should be resolved in the applicant's favor and the fairest and most
equitable resolution would be to recommend that she be granted a permanent
disability retirement with a combined disability rating of 30 percent. In
determining the rating that should be assigned we noted that the PEB
diagnosed her compensable unfitting conditions as chronic back pain at 20
percent. At the time of her disposition, it appears that the mild degree
of syncope she suffered would have resulted in a compensable rating of 10
percent, resulting in a combined rating of 30 percent. Accordingly, we
recommend her records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that:
a. On 17 February 1999, she was unfit to perform the duties of her
office, rank, grade or rating by reason of physical disability incurred
while entitled to receive basic pay; that the diagnosis in her case were
Chronic Back Pain, disability rating 20 percent, VASRD Code 5299 - 5293;
and Neurocardiogenic Syncope, disability rating 10 percent, VASRD Code
8210; with a combined rating of 30 percent; that the disability is
permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
unauthorized absence; that the disability was not received in line of duty
as a direct result of armed conflict.
b. She was not discharged with severance pay on 18 February 1999,
but on that date her name was placed on the Permanent Disability Retired
List.
_________________________________________________________________
The following members of the Board considered Docket Number 01-01184 in
Executive Session on 15 Apr 03, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Billy C. Baxter, Member
Ms. Martha Maust, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 27 Nov 02, w/atchs.
Exhibit G. Letter, Applicant, dated 2 Jan 02, w/atchs.
Exhibit H. Letter, BCMR Medical Consultant, dated 17 Jul 02.
Exhibit I. Letter, SAF/MRBC, dated 25 Jul 02.
Exhibit J. Letter, Applicant, dated 28 Oct 02.
Exhibit K. Letter, BCMR Medical Consultant, dated 12 Dec 02.
Exhibit L. Letter, SAF/MRBC, dated 20 Dec 02.
Exhibit M. Letter, Applicant, dated 26 Feb 03, w/atchs.
JAMES W. RUSSELL III
Acting Panel Chair
AFBCMR BC-2001-01184
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 APPLICANT, be corrected to show:
a. On 17 February 1999, she was unfit to perform the duties of
her office, rank, grade or rating by reason of physical disability incurred
while entitled to receive basic pay; that the diagnosis in her case were
Chronic Back Pain, disability rating 20 percent, VASRD Code 5299 - 5293;
and Neurocardiogenic Syncope, disability rating 10 percent, VASRD Code
8210; with a combined rating of 30 percent; that the disability is
permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
unauthorized absence; that the disability was not received in line of duty
as a direct result of armed conflict.
b. She was not discharged with severance pay on 18 February
1999, but on that date her name was placed on the Permanent Disability
Retired List.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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