RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-0
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 1 Aug 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, arteriosclerotic heart disease, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His arteriosclerotic heart disease is a direct result of his diabetes
caused by exposure to Agent Orange.
In support of his request, applicant provided documentation associated with
his CRSC application and documentation associated with his request for
Congressional inquiry. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 29
Jul 54. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Aug 71.
He served as an Aircraft Control and Warning Operator. He voluntarily
retired from the Air Force on 31 Jul 75, having served 21 years and 2 days
on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was approved for diabetes mellitus, rated at 20%;
paralysis of left upper extremity, rated at 20%; paralysis of right upper
extremity, rated at 20%; paralysis of left lower extremity, rated at 10%;
and paralysis of right lower extremity, rated at 10%. His arteriosclerotic
heart disease was disapproved based upon the fact that the service-
connected medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his arteriosclerotic heart disease is not combat
related. For this condition to qualify for compensation, it must be
declared secondary to diabetes mellitus developed following Agent Orange
exposure, or presumptive to POW internment and so stated in the applicable
DVA rating decision. His records reveals a medical examination, dated 8
Jul 02, which indicates his heart condition is secondary to his
hypertension. It does state the condition was aggravated by his diabetes;
however, since the DVA is considering his heart condition secondary to
hypertension, CRSC compensation cannot be awarded.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
DPPD suggested to him that his arteriosclerotic heart disease may be
hereditary. Only one of his mother's four brothers experienced adult onset
diabetes; however, he was also exposed to nerve and mustard gases as a
German soldier in World War II. The spoiler in family health on his
father's side was tuberculosis. Studies on the effect of dioxin on
veterans make a direct link of dioxin exposure to adult onset diabetes.
While cardiovascular disease findings pertaining to Agent Orange exposure
were mixed. The medical community today has established a solid connection
between cardiovascular disease and diabetes. His health problems relate
directly to his diabetes. His hypertension dates back to his enlistment
physical but his blood pressure increased dramatically after he became
diabetic. It can be said that both his hypertension and diabetes
contributed to the clogging of his arteries. However, applicant believes
the apparent exposure to herbicides during his tour in Vietnam made this
exposure the trigger of his ongoing health problems. Even though the DVA
does not state his heart disease is secondary to diabetes, it is not fair
to punish him financially.
His complete response 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. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
condition the applicant believes is combat-related was 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, does not qualify for compensation
under the CRSC Act. We agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its 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-2005-
00321 in Executive Session on 11 Jan 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard A. Peterson, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 05.
Exhibit E. Letter, Applicant, dated 14 Mar 05, w/atchs.
Exhibit F. Congressional Inquiry, dated 31 Mar 05, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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