RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03318
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability discharge with severance pay at 10 percent be changed to
reflect that he was medically retired with a 30 percent disability rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He became ill while in Basic Military Training. He was told that he had a
virus and to let his body fight it off. He was later diagnosed with
eosiniphillic fasciitis, IGM nephropathy, and localized morphea. He was
told that the condition was the result of being sick while being under
physical stress, combined with the immunization shots he received and an
untreated strep infection. His illness makes ordinary activities of daily
living a challenge. His illness prevented him from doing his job on the
flight line.
He faxed a rebuttal to the Formal Physical Evaluation Board (FPEB) findings
to his lawyer, but his fax did not arrive and his case was closed. He is
asking for 30 percent disability so that he can go to school and be
retrained for a different career. His close proximity to an Air Force base
would allow him use of base exchange facilities and access to the gym to
further his physical therapy.
In support of his request, applicant provided a personal statement; his AF
Form 100, Request and Authorization for Separation; his DD Forms 214,
Certificate of Release or Discharge from Active Duty; and a copy of a
facsimile cover sheet. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 Sep 01. He was
progressively promoted to the grade of airman first class, having assumed
that grade effective and with a date of rank of 9 Nov 01. An MEB was
convened on 9 Jul 02 and referred his case to an Informal Physical
Evaluation Board (IPEB) with a diagnosis of Eosinophilic Fasciitis,
Generalized Morphea, and IgM Nephropathy. On 17 Jul 02,the IPEB found him
unfit for further military service based on a diagnosis of Eosinophilic
Fasciitis associated with Morphea and Schlerodermoid and Generalized
Morphea - EPTS without service aggravation, and IgM Nephropathy. The IPEB
recommended that he be discharged from the Air Force with an EPTS
condition. The applicant disagreed with the findings and recommended
disposition of the IPEB. On 26 Aug 02, the FPEB reviewed the applicant's
case and found him unfit for further military service with a diagnosis of
Eosinophilic Fasciitis associated with Morphea and Schlerodermoid and
Generalized Morphea - incurred in the line of duty while entitled to
receive basic pay, and IgM Nephropathy. The FPEB recommended that he be
discharged with severance pay with a compensable percentage of 10 percent.
The applicant disagreed with the findings and recommended disposition of
the FPEB and his case was forwarded to the Secretary of the Air Force
Personnel Council for review. Applicant's rebuttal to the FPEB findings
was not received by the Secretary of the Air Force Personnel Council within
the prescribed time limits and the Personnel Council reviewed his case and
agreed with the findings and recommended disposition of the FPEB. The
applicant was discharged from the Air Force on 10 Oct 02, with a
compensable disability rating of 10 percent. He served 1 year and 16 days
on active duty
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends that the applicant be placed on the
Temporary Disability Retired List (TDRL) with a 30 percent disability
rating. The Consultant states that eosinophilic fasciitis is a rare
condition of unknown cause that is characterized by inflammation of skin
resulting with fibrosis of the affected skin. The applicant's condition
involved his arms and legs and produced joint contractures of mild to
moderate degree. His renal disease was considered unrelated to his skin
disease and was not unfitting for continued duty. The physical limitations
exhibited appeared to have been related to limited joint motion of the
wrist and elbows, mildly decreased grip strength and decreased stamina.
The FPEB assigned the disability rating using the analogous VASRD code
6350/6399 under systemic lupus erythematosos/systemic autoimmune diseases.
However, the applicant has a disease characterized by fibrosis of the skin
and classified closely with the disease called schleroderma. The use of
VASRD code 7821 "Cutaneous manifestations of collagen-vascular diseases not
listed elsewhere appears" to be more appropriate. This code assigns
disability rating based on percent of body surface and use of medications.
The applicant would appear to have somewhat more than 20 percent of his
body surface area involved and a requirement for corticosteroids on an
intermittent basis. This degree of involvement correlates with a 30
percent rating. The FPEB, having the benefit of seeing the applicant in
person assigned a 10 percent rating based on their global impression of his
functional ability. Since the course of this disease is not predictable
and may either improve substantially or persist, the Medical Consultant
believes that his condition is both not stable and of sufficient severity
to warrant further observation prior to assigning a permanent rating. The
Medical Consultant evaluation is at Exhibit C.
AFPC/DPPD recommends denial of the applicant's request. DPPD states that
having reviewed the recommendation of the BCMR Medical Consultant, they
forwarded the case file to the PEB for another assessment. The PEB
determined that the applicant's medical condition, which is triggered by a
Group A Beta Hemolytic Strep Throat, is best described as an autoimmune
response. Most undifferentiated autoimmune diseases have in the past been
analogized to Lupus Erythematosis by consensus of the DoD medical personnel
comprising of three services. The Associate Professor in the Department of
Rheumatology and the University of Oklahoma states in her consultation
letter to the FPEB that she did not feel his condition represented a form
of Scleroderma, but if it were Scleroderma then the condition would likely
be considered as Existing Prior to Service (EPTS). If the VASRD code is
substituted, as the Medical Consultant is suggesting, then the IPEB's
original decision should be reinstated and his disability severance pay be
recouped since it was paid for an EPTS condition.
DPPD states that the applicant was treated fairly through the disability
evaluation process and he was properly rated under Federal disability
guidelines. The DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 7
Mar 03 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice that would warrant corrective action. The
applicant was considered by the disability evaluation system and was
diagnosed with eosinophilic fasciitis and subsequently discharged with
severance pay. The BCMR Medical Consultant has opined that the applicant's
condition is more closely classified with fibrosis of the skin and that
VASRD code of 7821, rather than VASRD code 6350/6389, appears to be more
appropriate in this case. After a thorough review of the evidence of
record, we are inclined to agree with the Medical Consultant's opinion,
since the course of the applicant's condition appears to be unstable and
unpredicatable. It is our opinion that placing the applicant on the TDRL
at the recommended disability rating of 30 percent with further evaluation
is the most reasonable resolution in this case. Accordingly, we recommend
his records be corrected to the extent indicated below. We note that the
Physical Evaluation Board indicates that substitution of the VASRD code
would require recoupment of the applicant's severance pay; however,
payments received while on the TDRL would be offset by monies he has
already received and therefore, recoupment will not be necessary.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that he was not discharged from active
duty with entitlement to severance pay on 10 October 2002, but on 11
October 2002 his name was placed on the Temporary Disability Retired List
with a diagnosis of cutaneous manifestations of collagen-vascular diseases
not listed elsewhere, with a VASRD code of 7821, and a compensable rating
of 30 percent.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2002-03318
in Executive Session on 6 May 03, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Vaughn Schlunz, Member
Ms. Mary J. Johnson, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 30 Dec 02.
Exhibit D. Letter, AFPC/DPPD, dated 27 Feb 03.
Exhibit E. Letter, SAF/MRBR, dated 7 Mar 03.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR BC-2002-03318
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 that he was not discharged from
active duty with entitlement to severance pay on 10 October 2002, but on 11
October 2002 his name was placed on the Temporary Disability Retired List
with a diagnosis of cutaneous manifestations of collagen-vascular diseases
not listed elsewhere, with a VASRD code of 7821, and a compensable rating
of 30 percent.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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