RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01666
COUNSEL:
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 November 2006
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His Department of Veteran Affairs (DVA) ratings be placed in his
military records since his discharge and he be placed on the
permanent disabled listing (PDL) and receive severance pay.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He had no Medical Evaluation Board (MEB) at the time of his
discharge and he did not receive any severance pay.
In support of his application, applicant submits a copy of the
DVA Rating Decision dated 19 October 2004.
Applicant's complete submission, with attachments, is at Exhibit
A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant entered active duty on 27 May 1980. He served as a
fire protection specialist, an aircraft electrical and
environmental systems technician, and a diet therapy technician,
attaining the rank of staff sergeant. On 12 August 1999, the
applicant submitted his request for retirement. His retirement
examination, dated 13 January 2000, made note of left knee pain,
shoulder pain, back pain, degenerative joint disease and
depression. None of these conditions warranted referral to a
MEB. The applicant retired effective 1 June 2000 after having
served 20 years and 4 days of active military service.
Prior to his retirement the applicant filed a claim for service
connected disability compensation with the DVA and he underwent
compensation and pension examination on 21 August 2000. The DVA
rating showed service connected disability effective 1 June 2000
for: Adjustment Disorder with mood disturbance-50 percent,
chronic headaches-30 percent, planter warts-10 percent,
lumbosacral strain-10 percent, and gastroesophageal reflux
deisease-10 percent; for a combined service connected DVA rating
of 80 percent.
_______________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in
the records is warranted. Over the course of the applicants
career he developed various medical conditions which have
resulted in service connected disability compensation by the
DVA. The fact the applicant has been granted service connected
disability from the DVA does not entitle the applicant to Air
Force Disability. The military service disability systems,
operating under Title 10, and the DVA disability system,
operating under Title 38, are independent but complimentary
systems not intended to be duplicative.
The preponderance of evidence of the record does not show the
presence of a medical condition that warranted referral into the
Disability Evaluation System prior to his length of service
retirement from the Air Force. Action and disposition in this
case are proper and equitable reflecting compliance with Air
Force directives that implement the law.
BCMR Medical Consultant's complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant and counsel on 14 June 2006 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 an error or injustice warranting
placement of the applicant on the permanent disabled listing or
payment of severance pay. The evidence of record does not show
the presence of a medical condition that warranted referral into
the Disability Evaluation System prior to the applicants length
of service retirement from the Air Force. The applicant
developed various medical conditions over his military career
that resulted in service connected disability compensation by
the DVA. However, the fact he was granted service connected
disability from the DVA does not entitle the applicant to an Air
Force Disability. Therefore, we agree with the opinions and
recommendation of the BCMR Medical Consultant and adopt his
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice and 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 a 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 BC-
BC-2005-01666 in Executive Session on 11 July 2006, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 14 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Jun 06.
Chair
AF | BCMR | CY2004 | BC-2003-01666
The disability was rated at 10%. The BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003 for review and response within 30 days. We have reviewed her DVA rating decisions and find no evidence she was not properly rated at the time of her separation from the Air Force.
AF | BCMR | CY2006 | BC-2005-01954
The fact that the applicant has been granted service connected disability from the DVA does not entitle her to Air Force disability compensation. Applicant contends her psychiatric condition was aggravated by her Air Force Reserve service. We believe it is interesting to note that although the applicant was diagnosed with personality disorder while on active duty and reported symptoms of depressed mood at the time of her separation examination, she did not seek medical attention nor was...
AF | BCMR | CY2007 | BC-2006-01738l
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01738 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: DEC 10, 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed to reflect permanent disability retirement with a disability rating of 100 percent. Disability compensation at that time was tax-free and the 70 percent...
AF | BCMR | CY2011 | BC-2011-04820
On 13 February 2007, the IPEB found him unfit and recommended he be discharged under the provisions of Title 10, U.S.C for chronic low back pain, with disc herniation and recommended he receive severance pay with a disability rating of 10 percent. He received an epidural treatment on 12 May 2005 and reported sustained relief for one month. ________________________________________________________________ The following members of the Board considered BCMR Docket Number BC-2011-04820 in...
AF | BCMR | CY2010 | BC-2010-02109
The Medical Consultant acknowledges the applicant's implicit contention that because the DVA awarded him a disability rating for PTSD; during the same period, he received the 40 percent rating for back pain; which then formed the basis for a change of the record and medical retirement via the PDBR. Thus, the presence of a medical condition that was not unfitting while in service, and was not the cause of separation or retirement, that may later progress in severity causing disability or was...
AF | BCMR | CY2012 | BC-2012-02414
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02414 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The former members Length of Service retirement be changed to a disability retirement with a compensable disability rating of 100 percent. ________________________________________________________________ APPLICANT CONTENDS THAT: The decedent should...
AF | BCMR | CY2012 | BC-2012-02750
_________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Advisor recommends the narrative reason for separation be changed to a medical separation, under the authority of Air Force Instruction 36-3212, Physical Evaluation for Retention, Retirement and Separation, with a combined disability rating of 20 percent (10 percent for each knee). He was never given the opportunity to meet an MEB which could have found him fit for duty in a different...
AF | BCMR | CY2004 | BC-2003-02893
In support of her submission, the applicant provided a copy of the Physical Evaluation Board (PEB) findings and recommendations and documents extracted from her medical records. Her other medical conditions were not the reason she was referred into the Disability Evaluation System and were not at the time of disposition, unfitting for continued service. Evidence has not been presented which would lead us to believe that the applicant's disability processing and the rating she received at...
AF | BCMR | CY2007 | BC-2006-00262
The emergency physician did not order an MRI or refer him for a Medical Evaluation Board (MEB). The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in the records is warranted. Whereas, the Air Force rates a member's disability based on the...
AF | BCMR | CY2006 | BC-2005-01143
Although changing the former member’s Air Force TDRL disability rating will not result in any additional monetary benefits for his heirs, the BCMR Medical Consultant opines that the preponderance of the evidence of the record warrants a higher TDRL disability rating than the 40 percent originally adjudicated and concludes that the evidence of the record most nearly approximates the 60 percent rating but notes that greater weight given to the relative contribution of the mood disorder and...