RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03542
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, atherosclerotic coronary artery
disease, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His heart disease began during combat missions in Vietnam.
In support of his request, applicant provided a personal statement,
documentation associated with his Department of Veterans Affairs (DVA)
ratings decision, separation documents, excerpts from his Officer Military
Record, and a physician's statement. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 28
Sep 57 and was voluntarily ordered to extended active duty on that same
date. He was progressively promoted to the grade of lieutenant colonel,
having assumed that grade effective and with a date of rank of 20 Jun 73.
He served as a pilot, primarily aboard B-52 aircraft. He participated in
the Vietnam air offensive campaign from 29 Jun 66 through 8 Mar 67. On
30 Sep 77, he voluntarily retired for years of service. He served 20 years
and 3 days on active duty
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions, which includes
coronary artery disease with cardiomegaly and mild aortic ectasia, Vietnam
era incurred at 60%.
His CRSC application was disapproved on 11 Jul 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states he was treated for chest pains in
1973 and had continuous heart problems with treatment including a thirty
percent stenosis in November 1975. He contends his condition began during
his combat missions in Vietnam and he has had stabbing chest pains through
out his military career in the 70's. His physician states, "I believe the
extreme stress of his combat service caused his chest pains and that it was
a major contributor to his coronary disease." Job related stress is not
unique to the military; therefore his condition is not eligible for CRSC.
The fact that his condition was incurred during his military career while
completing his assignments as a pilot is not sufficient to support a combat-
related determination. There must be a direct causal relationship between
the combat missions and the injury itself.
The DPPD 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 27 Feb
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states there is no evidence in the record that his service connected
disabilities were incurred as a direct result of armed conflict, while
engaged in hazardous service, while engaged in performance of duties under
conditions simulating war, or as a result of an instrumentality of war.
Psychological factors, including chronic work stress may contribute to the
development of atherosclerotic coronary artery disease, however, acute time
limited psychological stress is not a direct risk factor for the
development or atherosclerotic coronary artery disease. His gender, 15
years of cigarette smoking, elevated triglycerides, and strong family
history of coronary disease, were very strong, sustained risk factors for
the development of his heart disease. The Medical Consultant Evaluation is
at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant on 19 Oct 04 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
conditions the applicant believes are combat-related were not incurred as
the direct result of armed conflict, while engaged in hazardous service, in
the performance of duty under conditions simulating war, or through an
instrumentality of war, and therefore, do not qualify for compensation
under the CRSC Act. We agree with the opinions and recommendations of the
Air Force offices 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 AFBCMR Docket Number BC-2003-
03542 in Executive Session on 14 Dec 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 27 Feb 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 3 Aug 04.
Exhibit F. Letter, SAF/MRBC, dated 19 Oct 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-00323
DPPD states his service medical record, DVA records and personnel records show his arteriosclerotic heart disease is not combat related. Although his training preceded the onset of the acute heart attack, heart attack is an expected consequence of the natural progression of atherosclerotic coronary artery disease that was established in the applicant prior to the training and would have occurred regardless of the period of training. The Medical Consultant evaluation is at Exhibit...
AF | BCMR | CY2005 | BC-2004-01130
On 5 Sep 86, the Formal PEB (FPEB) found him unfit for duty with a diagnosis of coronary artery disease and hypercalciuric nephrolithiasis and recommended he be placed on the TDRL with a compensable percentage of 100%. There is little doubt his service connected medical conditions occurred while in service performing duties related to his Air Force specialty. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR...
AF | BCMR | CY2005 | BC-2004-01649
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01649 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Nov 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, coronary artery disease, disease of the arteries and veins, and hemorrhoids, be assessed as combat related in order to qualify for compensation...
AF | BCMR | CY2004 | BC-2003-03573
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03573 INDEX CODE: 108.07 COUNSEL: American Legion HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, chronic obstructive pulmonary disease, duodenal ulcer, spinal disc condition, residuals of right and left foot injury, limited motion in cervical spine, varicose veins of right...
AF | BCMR | CY2005 | BC-2004-03225
He served 26 years, 6 months, and 27 days on active duty His CRSC application was disapproved on 6 Nov 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his ejection was in 1959, not 1968 as stated by DPPD. We agree with the opinion and recommendation of the Air Force...
AF | BCMR | CY2006 | BC-2005-02308
He contracted his initial enlistment in the Regular Air Force on 25 Sep 72. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...
AF | BCMR | CY2006 | BC-2004-03549
On 9 Oct 69, a Physical Evaluation Board (PEB) recommended he be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 70%, with a diagnosis of arteriosclerotic heart disease and gout. Since the 1994 NAS Report, the DVA does not grant presumptive service connection for atherosclerotic heart disease unless it has been medically established that the heart disease was due to non-insulin dependent diabetes mellitus associated with Agent Orange. For...
AF | BCMR | CY2005 | BC-2003-03935
The disease had been developing over several years prior to his assignment and the manifestation as chest pain and heart attack would have happened even if he had not been serving in Korea. His records do not show any significant worsening of these symptoms in the period of time during and following his service in Korea. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2005 | bc-2003-04145
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04145 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 Jun 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertension and coronary disease, be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation...
AF | BCMR | CY2006 | BC-2005-03250
On 14 Dec 71, the Air Force PEB recommended that the removed from the TDRL and returned to active duty. For this condition to qualify for CRSC, it must be specifically granted by the DVA as presumptive to Agent Orange exposure. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.