RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03631
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions degenerative joint and disc
disease of the cervical and lumbar spine and adenocarcinoma of the prostate
be assessed as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions.
In support of his request, applicant provided documentation associated with
his Department of Veterans Affairs (DVA) ratings decision. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
After serving in the National Guard in an enlisted status, applicant was
appointed a second lieutenant, Army Air Corps on 25 Apr 43. He was
progressively promoted to the permanent grade of lieutenant colonel, having
assumed that grade effective and with a date of rank of 12 Jul 57. On 30
Sep 67, he was retired for length of service. His record was corrected as
a result of AFBCMR action to show that he was retired by reason of physical
disability with a diagnosis of cervical disc disease, with limited motion,
recurrent spasms, and poor grip of left hand, with a combined rating of
50%. He served 25 years and 9 days on active duty
His CRSC application was disapproved on 4 Sep 03. However, subsequent to
the changes to Public Law 107-314, his application was approved for
Malignant Growth Genitourinary, Agent Orange presumptive, rated at 30%.
His spinal disc condition was determined not to be combat-related. On 17
Nov 04, based on the Medical Consultant's determination concerning his
degenerative joint disease/degenerative disc disease of the cervical spine,
his CRSC determination was amended to include degenerative joint
disease/degenerative disc disease of the cervical spine, rated at 40%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states evidence submitted with his
application does not support approval of his disabilities as combat-
related, due to an instrumentality of war, or hazardous service. He was
treated for Spinal Disc Conditions and it was determined by Physical
Evaluation Board that it was the result of his jumping dating back to 1953.
The PEB found him physically fit for continued service but the AFBCMR
overturned this decision and granted him disability retirement, but not
considered to be 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 20 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 his records be corrected to reflect
his service connected degenerative joint disease and degenerative disc
disease of the cervical spine (not the lumbar spine) are combat-related.
The Medical Consultant states records support a conclusion that his neck
condition was directly caused by hazardous duty. There is no evidence to
support a relationship of his back condition to combat or other qualifying
conditions. He participated in parachute duty, which is listed as
hazardous service, and injured his neck in 1966 while participating in
parachute duty. 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
degenerative joint disease/degenerative disc disease of the cervical spine,
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-
03631 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 23 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 4 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 20 Feb 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 9 Aug 04.
Exhibit F. Letter, SAF/MRBC, dated 19 Oct 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-00768
In the absence of a specific traumatic event resulting in significant, documented spine injury, it is impossible to attribute direct causation of degenerative spine disease to aerial flight. _________________________________________________________________ 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...
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 | CY2006 | BC-2004-02282
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02282 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis and condition of the skeletal system, be assessed as combat related in order to qualify for compensation under the Combat...
AF | BCMR | CY2004 | BC-2003-02963
The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states he was supporting the war directly and indirectly when he incurred his injury. 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...
AF | BCMR | CY2006 | BC-2004-02998
As noted in the medical opinions provided by the high qualified medical experts, it is not probable that his back injury was not caused by changing a tire, but it is highly probable his back injury was a direct result of flying duties. The Medical Consultant evaluation is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Applicant states three very qualified doctors have offered their opinion that the back...
AF | BCMR | CY2006 | BC-2004-02645
_________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred while manually lifting an aircraft canopy during simulated combat operations. His request was denied by the CRSC board, which opined that his injuries do not qualify for CRSC because injuries incurred as a result of lifting do not meet the criteria to qualify for CRSC compensation. The Board majority believes the applicant's service-connected conditions qualify for CRSC...
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-2003-03642
The Medical Consultant Evaluation is at Exhibit E. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-00663
On 12 Dec 66, he underwent a laminectomy to repair a herniated disc, which he suffered while engaged in hazardous duty as a KC-135 Navigator on a mission from Andrews AFB to Seattle WA. He served 21 years, 6 months, and 27 days on active duty Available documentation reflects a DVA combined compensable rating of 70% for his unfitting conditions. His records reveal no record of any particular injury that could account for the onset of his back pain.
AF | BCMR | CY2005 | BC-2004-01263
_________________________________________________________________ APPLICANT CONTENDS THAT: His problems probably started with his combat flying in WWII and Korea but his disability became manifested during combat flying in Vietnam in fighter and helicopter missions. The Medical Consultant states his service records show he was diagnosed with osteoarthritis of the cervical spine at age 50. Exhibit E. Letter, BCMR Medical Consultant, dated 31 Mar 05.