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AF | BCMR | CY2006 | BC-2005-00308
Original file (BC-2005-00308.doc) Auto-classification: Denied

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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