RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00046
INDEX CODE: 108.07
COUNSEL: DVA
XXXXXXX
HEARING DESIRED: NO
XXXXXXX
MANDATORY CASE COMPLETION DATE: 10 Jul 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His medical conditions, Arteriosclerotic Heart Disease, Vascular Dementia,
and Thrombosis of the Brain, be assessed as combat related in order to
qualify for compensation under the Combat-Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His vascular conditions are due to the stress of flight duties.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former Army Air Corps member who entered active duty on 7
February 1943. He was progressively promoted to the grade of technical
sergeant. He served as a B-29 remote-turret gunner and flight engineer
during World War II and the Korean War. He also performed duties in
support of United Nations operations in the Congo. He was disability
retired due to his residuals of cerebrovascular disease including his
cognitive deficits, having served 20 years, 10 months, and 5 days on active
duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 18 December 2003, based upon the
fact that his service-connected medical conditions were determined not to
be combat-related. However, on 25 April 2005, his hearing loss was
approved for 50% and his ear infections were approved for 10%.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that while the applicant’s
hearing loss qualifies for CRSC, his other conditions do not. The BCMR
Medical Consultant states, in part, that applicant’s hearing loss is
related to hazardous noise exposure during the thousands of hours of aerial
flight and duties as an aerial gunner; however, his external ear infections
are related to hearing aid wear and not combat-related duties.
The BCMR Medical Consultant 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 14
December 2004 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 opinion 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. 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-2004-
01402 in Executive Session on 6 April and 3 May 2005, 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 30 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 10 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 04.
THOMAS S. MARKIEWICZ
Chair
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 | CY2005 | BC-2003-04306
A review of his medical records reveals no record of such injuries, although while stationed at Kadena AB, he injured his back lifting furniture. The Medical Consultant states he asserts his back was injured during a rocket attack in Vietnam either by falling off a helicopter or when a comrade fell on his back seeking shelter. He also asserts his back and knee conditions were caused by his duties during aerial flight.
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 | CY2004 | BC-2003-03893
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. In support of...
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-2003-03763
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 | 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.
AF | BCMR | CY2004 | BC-2003-02861
Aerial flight is listed as hazardous service, this, his injury which occurred while performing required aircrew duties while onboard an aircraft, qualifies under the "engagement in hazardous service" for CRSC determination. The Medical Consultant states practice aircraft ground egress is not considered aerial flight and does not qualify as hazardous duty for purposes of CRSC eligibility. The Medical Consultant evaluation is at Exhibit...
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 | CY2005 | BC-2004-00056
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00056 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, paroxysmal supraventricular tachycardia, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...