RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00308
INDEX CODE 108.02
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 29 JULY 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability rating percent be increased and his discharge be
changed to a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The USAF Physical Evaluation Board (PEB) was unable to thoroughly
evaluate his unfitting conditions in their entirety as the information
provided to the PEB at the time of the evaluation was not conclusive.
In support of his application, applicant provided a personal letter,
and copies of his medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered military service in 1987 and subsequently
entered the Air Force in 1994 and served in an excellent manner as a
medical technical in the grade of technical sergeant. He began his
final period of active military service 29 February 2000.
The applicant first presented with complaints of headache and
paresthesias and weakness of the right arm in June of 2003. Due to
persistent symptoms the applicant underwent extensive medical
evaluation including imaging, electro-diagnostic testing and specialty
consultation with neurology and neurosurgery. Magnetic resonance
imaging of the brain was normal. X-rays of the cervical spine were
also normal. Magnetic resonance imaging of the cervical spine
disclosed a small inter-vertebral disc protrusion at the C6-7 level
without compression of the spinal cord or spinal nerve roots. Further
evaluation for evidence of neurologic disease with electromyography
(EMG) and nerve conduction velocities (NCV) of both upper extremities
showed no evidence of radiculopathy. Consultation with neurosurgery
also confirmed that the mild disc protrustion was not associated with
his symptoms and did not warrant surgical intervention. Of note is a
history of a right biceps tendon rupture in December 2001 requiring
surgical repair that healed with some residual loss of range of motion
that resulted in disqualification for flying duties as an aeromedical
evaluation technician but was not disqualifying for continued general
military service. Results of the examinations including EMG/NCV did
not indicate a relationship of this prior injury and surgery to the
applicant's new right arm symptoms manifesting over a year later.
Treatment with various medications was unsuccessful due to side
effects or lack of benefit. Treatment with the antidepressant Zoloft
provided some measure of symptomatic improvement such that the
applicant continued treatment with this medication. The applicant's
neck pain and headache were also associated with brief episodes of
reported loss of consciousness that, following evaluation by two
different neurologists including electroencephalogram and magnetic
resonance angiogram of the brain, were concluded to be vaso-vagal type
related to neck pain when he turned his neck to the left. During this
period of time, the applicant was restricted from duties that involved
military deployment, wear of military protective gear, heavy lifting,
running, or prolonged walking or prolonged standing.
The applicant also experienced low back pain on a chronic basis
beginning in late 2002 associated with recurrent strains while lifting
patients. Evaluation with magnetic resonance imaging of the lumbar
spine showed no abnormalities and examination with electromyogram and
nerve conduction velocities showed no evidence of radiculopathy or
neuropathy. Physical examinations by multiple examiners demonstrated
tenderness on palpation and discomfort on leaning backwards but with
normal range of motion, a normal neurolgic examination including
strength, reflexes, gait and sensation.
Service medical record shows a visit to the emergency-room on 29
December 2003 for dizziness treated with valium and released back to
duty. On 5 April 2004 the applicant presented to his primary physician
with a migraine headache that had begun that morning. The medical
record entry states, "Here today "for documentation" that headaches
are worsening". The applicant declined the physician's offer of
treatment with an injectable pain medication and was placed on
quarters for 24 hours. Although the applicant had numerous medical
appointments including primary care, specialty, imaging, and physical
therapy, he continued to satisfactorily perform the duties of his
specialty including eight hour shifts with his numerous pain symptoms.
Because of ongoing symptoms and the associated physical limitations
preventing full utilization, the applicant was referred for evaluation
in the Disability Evaluation System.
On 12 July 2004, the Informal Physical Evaluation Board (IPEB)
concluded that no single problem was individually unfitting but that
combined, the applicant's chronic neck pain secondary to degenerative
disk disease associated with vagal response syncopal episodes, right
upper extremity paresthesias, migraine headaches and mood disorder
were unfitting for continued military service. The IPEB rated his
multiple complaints by associating them under the VASRD code for neck
pain. On 23 July 2004, the applicant signed AF Form 1180 agreeing with
the conclusions and recommendations of the IPEB and waived his right
to a formal board.
On 6 August 2004, the Secretary of the Air Force directed the member
be separated from the active service for physical disability under the
provisions of 10 USC 1203, with severance pay computed under Section
1212 of this title.
On 23 September 2004, the applicant was administratively separated
under the provision of AFI 36-3212, Physical Evaluation for Retention,
Retirement, and Separation, with an honorable discharge and a
narrative reason for disability, severance pay. He served a total of
11 years, 9 months and 12 days of total service for pay in the amount
of $66,319.20.
_________________________________________________________________
AIR FORCE EVALUATION:
BCMR Medical Consultant is of the opinion that no change in the
records is warranted and states the applicant was disability
discharged with severance pay due to multiple medical complaints that
individually were not considered to be unfitting for continued
military service but combined prevented full utilization of the
applicant in his specialty. The Military Disability Evaluation System,
established to maintain a fit and vital fighting force, can by law
under Title 10, only offer compensation for those service incurred
disease or injuries which specifically rendered a member unfit for
continued active service, were cause for termination of their career,
and then only for the degree of impairment present at the time of
separation and not based on future possibilities. The mere presence of
a medical condition does not qualify a member for disability
evaluation. For an individual to be considered unfit for military
service, there must be a medical condition that prevents performance
of any work commensurate with rank and experience or precludes
assignment to military duties. Once an individual has been declared
unfit, the Service Secretaries are required by law to rate the
condition based upon the degree of disability at the time of permanent
disposition and not on future events. No change in disability ratings
can occur after permanent disposition, even though the condition may
become better or worse.
The BCMR Medical Consultant’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and stated he recently
completed medical examinations related to his debilitating physical
conditions that were evaluated by the USAF Physical Evaluations Board
(PEB) as listed on AF Form 356, dated 12 July 2004, under Item #9
Column A Category I - Unfitting conditions which are compensable and
ratable. A copy of the AF Form 356 was submitted with his original
application. The medical exams he referred to had been requested by
and conducted at the Veterans Administration (VA) hospital in
Portland, OR. The conditions that were evaluated and he is submitting
for further consideration and support of his request are migraine
headaches, right upper extremity, mood disorder, and chronic neck
pain/measurements of his cervical spine rotation. The above mentioned
conditions have not changed and are consistent with the extent of
disability he has experienced prior to and when the PEB made their
determination on 12 July 2004.
Applicant's complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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 this case.
However, evidence has not been presented which would lead us to
believe that the applicant’s disability processing and the final
disposition of his case were in error or contrary to the governing Air
Force regulations, which implement and the law. The Board notes his
contentions but is of the opinion that the detailed comments provided
by the BCMR Medical Consultant accurately address the applicant’s
allegations. Therefore, we are in agreement with the Medical
Consultant's opinions and recommendation and adopt his rationale as
the basis for our conclusion that the applicant has not been the
victim of either
an error or an injustice. In view of the above findings, we find no
basis upon which to provide favorable action on 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 Docket Number BC-2005-
00308 in Executive Session on 16 May 2006, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Janet I. Hassan, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00308 was considered:
Exhibit A. DD Form 149, dated 15 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 6 Apr 06.
Exhibit D. Letter, SAF/MRBR, dated 10 Apr 06.
Exhibit E. Applicant's Response, dated 6 Apr 06.
THOMAS S. MARKIEWICZ
Chair
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