RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03893
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, bilateral patellofemoral syndrome
and tinnitus, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His disabilities are a direct result of his 22 years of hazardous service.
His duties included aerial flight and parachute duty. During his career he
made frequent parachute jumps wearing heavy equipment loads.
In support of his request, applicant provided a personal statement,
documentation associated with his previous CRSC determination, and
documentation extracted from his medical records. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 24
May 73. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
Dec 80. He served as a Pararescue/Recovery technician and manager, as an
Information Manager, and Senior Enlisted Advisor. On 31 Oct 92, he
voluntarily retired for years of service. He served 27 years, 5 months,
and 6 days on active duty
His CRSC application was approved for his back conditions at 10% and for
his lower leg condition at 10%. His remaining conditions were determined
not to be combat related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states that their assessment failed to
uncover documentation defending good reasons for classifying the conditions
for his knees and tinnitus as combat-related. His right tibia condition
has been previously approved as combat-related.
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 19 Mar
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 his medical record shows he developed high frequency hearing loss
while on active duty attributable to chronic loud noise exposure during
performance of duties during aerial flight. However, there is no
documentation of complaint of tinnitus while in service. CRSC is granted
for hearing loss and tinnitus that develops and is documented while in
service. His hearing loss will qualify him for CRSC when it progresses to
a compensable level. His tinnitus does not qualify because it was not
documented to have occurred while in service. Although tinnitus is
associated with hearing loss, there are numerous other causes of tinnitus
and tinnitus documented after retirement is deemed by the CRSC board to not
represent a direct consequence of qualifying combat related conditions. A
review of his service medical records finds no entries for knee pain and
specifically no medical care for knee pain associated with parachute duty.
His patellofemoral syndrome does not meet CRSC criteria.
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, with exception to his hearing
loss, 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 note
that since his hearing loss is rated at 0%, it does not qualify for CRSC.
Once this rating is evaluated to a compensable level, he may then reapply
to the CRSC board. Therefore, 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-
03893 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 12 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Mar 04, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 19 Mar 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 14 Oct 04.
Exhibit F. Letter, SAF/MRBC, dated 19 Oct 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2003-03782
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03782 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, paralysis of left ulnar nerve, limited flexion of knee, and left shoulder bursitis, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2004 | BC-2003-02830
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...
AF | BCMR | CY2004 | BC-2003-02790
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02790 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of both hips, hearing loss, and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2005 | BC-2004-00048
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00048 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis, limited motion in cervical spine, left and right knee condition, condition of skeletal system, and bilateral pes planus, be assessed as combat related in order to...
AF | BCMR | CY2004 | BC-2004-01042
His complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. If his records had not been destroyed in St. Louis, his records would reflect the disability. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...
AF | BCMR | CY2004 | BC-2004-00102
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00102 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, spinal disc condition and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2004 | BC-2003-03763
He voluntarily retired from the Air Force on 1 Jul 77, in the grade of lieutenant colonel. Over ten years after retiring from the Air Force he was shown to have leg swelling due to chronic venous insufficiency. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-04234
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04234 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hearing loss, hypertension, and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of his...
AF | BCMR | CY2005 | BC-2005-00235
DPPD states a review of his service and DVA medical records show conflicting information regarding the incident. Other evidence is vague until his DVA compensation exam dated 7 Oct 02, which mentions the injury resulted from a fall off a truck in 1952 in Korea. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...
AF | BCMR | CY2005 | BC-2004-02768
_________________________________________________________________ APPLICANT CONTENDS THAT: His condition is the result of many years of hazardous parachute duties in both the Army and Air Force Special Operations Forces as light infantryman on extreme training operations and exercises; and, from over 100 parachute jumps, many of which are described as "multiple hard landings." There are no records of treatment for injuries to either foot incurred as a result of parachute jumps and service...