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AF | BCMR | CY2005 | BC-2003-04019A
Original file (BC-2003-04019A.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04019
            INDEX NUMBER:  108.02
      XXXXXXXX   COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability retirement rating of 40% be changed to 100%.

_________________________________________________________________

RESUME OF CASE:

On 5 Oct 04, the Board considered and denied the applicant’s  request
as indicated above (Exhibit E).  In making  their  determination  the
Board adopted  the  rationale  of  the  BCMR  Medical  Consultant  as
contained in the advisory opinion at Exhibit C.  In a letter dated 14
Nov 04,  the  applicant  requested  reconsideration  of  the  Board’s
decision (Exhibit F).  The applicant stated that on the advice of his
Department of Veterans  Affairs  (DVA)  hearing  officer,  he  should
request the Air Force correct his records so that he would  be  rated
for his condition of “Filariasis.”  The applicant was advised by  the
AFBCMR in a letter dated 19 Apr 05 that his request did not meet  the
criteria for reconsideration by the Board (Exhibit G).  On 25 Apr 05,
the Board prepared a draft response to a  Congressional  Inquiry  and
advised the  applicant’s  Congressman  of  the  status  of  his  case
(Exhibit H).

On 28 Sep 05, the AFBCMR responded to a second Congressional  Inquiry
(Exhibit I), which asked that it be explained to  the  applicant  how
the DVA could grant the  applicant  an  increase  in  his  disability
rating when the Air Force would not using the same information.   The
Congressman was referred to the original  advisory  prepared  by  the
BCMR Medical Consultant, which explained the differences between  the
two systems (Exhibit J).  It was pointed out that the  DVA  indicated
that their  rating  decision,  dated  4  Feb  94,  which  denied  the
applicant service connection for edema of both lower extremities, was
“clearly and unmistakably erroneous.”  The  DVA,  therefore,  granted
the applicant service connection retroactively to the  day  after  he
retired from the Air Force.  It was pointed out that the  applicant’s
edema had been considered by  the  Air  Force  at  the  time  of  his
Physical Evaluation Board (PEB), but was not found to  be  a  ratable
unfitting condition at the time.  It was  noted  that  the  DOD  only
considers the degree  to  which  a  condition  is  unfitting  at  the
specific point in time the PEB takes  place.   However,  as  long  as
service connection is established, the DVA will evaluate a  condition
for possible disability benefits.  The Congressman was  advised  that
information regarding the DVA’s  rating  decision  on  the  applicant
would be sent back to the Board for  review  to  determine  if  their
decision in the applicant’s case should be reconsidered.

_________________________________________________________________
THE BOARD CONCLUDES THAT:

After again reviewing the complete record of evidence,  we  still  do
not find evidence of an error or injustice.  Based on the information
submitted in the applicant’s Congressional complaint, it  appears  he
does not  understand  the  differences  between  the  DoD  disability
evaluation system and the Department of Veterans affairs system.   In
that regard,  we  believe  the  BCMR  Medical  Consultant  evaluation
adequately  explains  the  differences  between  the   two   systems.
Additionally, we note that the DVA  has  now  granted  the  applicant
service connection for edema of both lower  extremities,  which  they
originally  denied.   We  further  note  that  the  Air  Force   also
considered this condition at the time it evaluated the applicant, but
determined  the  condition  was  not  unfitting  at  the   time   the
determination was made.  In our view, there is insufficient  evidence
to conclude that the applicant was  not  properly  evaluated  at  the
time.  The increased disability rating he has received from  the  DVA
provides a good example of  how  the  system  is  designed  to  work.
Therefore, we do not find a basis to change our earlier determination
in this case.

_________________________________________________________________

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 Docket Number  BC-2003-
04019 in Executive Session on 27 October 2005, under  the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit E.  ROP, dated 3 Nov 04, w/atchs.
    Exhibit F.  Letter, Applicant, dated 14 Nov 04.
    Exhibit G.  Letter, AFBCMR, dated 19 Apr 05.
    Exhibit H.  Draft Congressional Response, dated 25 Apr 05.
    Exhibit I.  Congressional Inquiry, dated 19 Sep 05.
    Exhibit J.  Draft Congressional Response, dated 28 Sep 05.




                                   RICHARD A. PETERSON
                                   Panel Chair


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