RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00236
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 JUL 06
________________________________________________________________
APPLICANT REQUESTS THAT:
Her discharge with severance pay be changed to reflect that she was
medically retired.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force failed to properly diagnose and treat her condition. She was
medically discharged for a condition she does not have. The AF Form 356
shows evidence was found of right ulnar neuropathy, and then suspects
psychological factors. However, no psychological or medical evaluation was
ever performed. She was allowed to meet with the Physical Evaluation Board
(PEB) for only 20 minutes. The PEB failed to review her medical records
from the Department of Veterans Affairs (DVA) and her pain management
doctor. The Medical Evaluation Board (MEB) just sent her to Neurology for
a test for right ulnar neuropathy, they found nothing, and recommended a
discharge. The neurologist stated the condition was psychological. She
has had a spinal cord stimulator implanted but the DVA does not work with
spinal cord stimulators.
In support of her request, applicant provided documentation associated with
her disability evaluation system processing and documentation extracted
from her medical records. Her complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force on 5
Jul 00 and was progressively promoted to the grade of senior airman.
An MEB was convened on 21 Jun 01 and referred applicant's case to an
Informal PEB (IPEB) with a diagnosis of right ulnar neuropathy. On 7 Aug
01, the IPEB found her unfit for further military service and recommended
that she be placed on the Temporary Disability Retired List (TDRL) with a
combined compensable rating of 30 percent. The applicant agreed with the
findings and recommended disposition of the IPEB and was placed on the TDRL
effective 6 Nov 01. A TDRL reevaluation was conducted on 26 Mar 03. On 2
May 03, the Air Force PEB recommended that she be discharged with severance
pay, based on a diagnosis of right ulnar neuropathy, with a compensable
disability rating of 10 percent. The applicant did not agree with the
recommendation of the IPEB and her case was referred to a Formal PEB
(FPEB). On 22 Jul 03, an FPEB considered her case and recommended she be
discharged with severance pay with a compensable percentage of 10 percent.
On 21 Sep 01, she was removed from the TDRL and retired in the grade of
senior airman with a compensable rating of 10 percent. She served 1 year,
2 months, and 17 days on active duty
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states she struck her right elbow and right ulnar nerve at the elbow while
performing military duties in July 2000. Although there was no detectable
permanent damage, she experienced persistent neuralgic pain in the
distribution of the right ulnar nerve variously diagnosed as ulnar
neuralgia, causalgia, reflex sympathetic dystrophy and complex regional
pain syndrome. Treatment did not relieve her pain and she was placed on
the TDRL. While on the TDRL a spinal cord stimulator was implanted by her
civilian pain specialist and subsequent pain clinic entries indicated
significant relief of pain. At the time of her TDRL reevaluation she
reported the stimulator did not relieve her pain. The PEB concluded her
condition had improved and rated her pain syndrome under the VASRD code for
ulnar neuralgia at 10 percent. The applicant is correct in asserting that
the diagnosis of ulnar neuropathy inaccurately describes her condition.
She has a pain syndrome limited to the distribution of the right ulnar
nerve that has been classified as causalgia/reflex sympathetic dystrophy,
which is a pain syndrome currently classified under the term Complex
Regional Pain Syndrome (CRPS). Although her pain syndrome is classified as
CRPS affecting the distribution of the ulnar nerve, in the absence of
demonstrable ulnar neuropathy, the PEB rated her condition under the
appropriate VASRD code, the code for neuralgia of the ulnar nerve. There
is no dedicated VASRD code for rating reflex sympathetic dystrophy or CRPS
and this group of pain syndromes is rated by analogy to neuralgia of the
affected peripheral nerve distribution. Her records show her pain syndrome
was restricted to the distribution of the originally injured nerve, the
right ulnar nerve. Whether diagnosed as neuralgia of the ulnar nerve or as
CRPS in the ulnar nerve distribution, the conditions are rated the same
using the same VASRD code for neuralgia of the ulnar nerve. The VASRD
guidance for rating ulnar nerve conditions shows the rating for incomplete
mild paralysis is 10 percent and the rating for moderate incomplete
paralysis of the dominant ulnar nerve is 30 percent. Disability ratings
are based on loss of function. Her complaint is one of pain, from which
her functional impairment follows. All the exams available for review in
her military and DVA records attribute her muscular weakness to loss of
volitional movement of the right upper extremity due to pain and the
anticipation of pain with use. Pain is a subjective sensation, not
amenable to objective measurement. While there is no dispute her pain is
real, the quantification of her symptoms is dependent entirely on her
reporting. Evidence of record shows her condition was limited to the
distribution of the ulnar nerve and that secondary manifestations that were
previously present were mild and were subsequently no longer observed on
examinations after September 2002. Despite the presence of chronic pain,
examination objectively showed the absence of effects that would be
expected from long term decreased use of the extremity. Findings at the
time of her TDRL reexamination are consistent with the rating. The IPEB,
FPEB, and Personnel Council's recommendations are consistent with the
available medical information and her disability rating of 10 percent is
supported by the preponderance of the evidence of record. Situational
exacerbation of depression during administrative proceedings/action is not
considered a basis for disability.
The DVA granted her a higher rating based on a compensation and pension
examination prior to placement of the spinal cord stimulator. The FPEB had
the DVA rating and rationale for their review. Military disability systems
operate under different laws with a different purpose. Independent
decisions made by the DoD and the DVA are not binding on the other. The
mere fact that the DVA may grant compensation ratings at one level does not
establish eligibility for similar action from the Air Force. The DoD is
required to use the VASRD as a guideline to rate disabilities that are
unfitting for continued military service. The intent is to rate the degree
of civilian occupational disability. It is not intended to rate for
limitations for a specific occupational specialty or in recreational
activities. Rating guidance in DoD Instruction 1332.39 states "When the
circumstances of a case are such that two percentage evaluations could be
applied, the higher percentage will be assigned only if the Service
member's disability more nearly approximates the criteria for that rating.
Otherwise, the lower rating will be assigned". The preponderance of the
evidence does not support a higher rating at the time of permanent
disposition. Her case was properly evaluated, appropriately rated, and
received full consideration under the provisions of AFI 36-3212.
The Medical Consultant's 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 16 Feb
06 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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the BCMR Medical Consultant and
adopt his rationale as the basis for the conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no 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 this application in Executive
Session on 9 May 2006, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2005-00236 was considered:
Exhibit A. DD Form 149, dated 5 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 9 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 16 Feb 06.
JAMES W. RUSSELL III
Panel Chair
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