RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00924
INDEX CODE: 108.07
COUNSEL: DVA
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 Sep 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, cardiomyopathy and hypertension,
be assessed as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has received a new Department of Veterans' Affairs (DVA) rating of 100%.
Otherwise, he makes no contentions.
In support of his request, applicant provided documentation associated with
his CRSC application. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 23
Nov 45. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Jun 68.
He served as a Fuels Specialist. He voluntarily retired from the Air Force
on 31 Dec 72, having served 27 years, 1 month, and 1 day 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 disapproved on 28 Jun 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states for his hypertension and
cardiomyopathy to be approved as combat related they must be secondary to
diabetes mellitus following exposure to Agent Orange or presumptive to POW
internment and so stated in the applicable rating decision. A review of
his service records reveals he was assigned to Thailand during the Vietnam
conflict; however, there is nothing to indicate he served in Vietnam.
Additionally, while military duties can be stressful, and stress can be a
contributing factor to heart disease, CRSC cannot be approved based on
stress alone as it is difficult to objectively determine this factor as the
definitive cause of the condition rather than other causes of his
particular make-up. His records do not show, while in service, a combat-
related event or events that were the direct cause of his disabilities.
The DPPD 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 12 Aug
05 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
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-
00924 in Executive Session on 11 Jan 06, 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 14 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 12 Aug 05.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2006 | BC-2005-00169
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00169 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, abdominal aortic aneurysm, hypertension, spinal disc condition, and bilateral knee conditions, be assessed as combat related in order to qualify for...
AF | BCMR | CY2006 | BC-2005-00321
_________________________________________________________________ APPLICANT CONTENDS THAT: His arteriosclerotic heart disease is a direct result of his diabetes caused by exposure to Agent Orange. His records reveals a medical examination, dated 8 Jul 02, which indicates his heart condition is secondary to his hypertension. His health problems relate directly to his diabetes.
AF | BCMR | CY2005 | BC-2004-02251
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02251 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 24 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, diabetes, degenerative arthritis, hypertension, and pancretitis, be assessed as combat related in order to qualify for compensation under the...
AF | BCMR | CY2006 | BC-2005-03608
The bottom-line is whether or not falling off the rung of an aircraft ladder, due to a mis-step, is considered combat related. The DPPD 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 13 Jan 06 for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force office of primary responsibility and...
AF | BCMR | CY2006 | BC-2005-02815
_________________________________________________________________ APPLICANT CONTENDS THAT: The CRSC board erroneously denied his request for CRSC because his heart condition was incorrectly addressed. Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not...
AF | BCMR | CY2005 | BC-2004-03895
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03895 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated MANDATORY CASE COMPLETION DATE: 24 Jun 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertensive heart disease and impaired hearing, be assessed as combat related in order to qualify for compensation under the Combat...
AF | BCMR | CY2005 | BC-2004-01657
His CRSC application was disapproved on 5 May 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his hypertension and hemorrhoids are not combat related. Exhibit C. Letter, AFPC/DPPD, dated 22 Sep 04.
AF | BCMR | CY2005 | BC-2004-02817
His CRSC application was disapproved on 29 Dec 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. The DPPD 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 17 Dec 04 for review and comment within 30 days. _________________________________________________________________ The...
AF | BCMR | CY2005 | BC-2004-00250
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00250 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated Mandatory Case Completion Date: 30 Jul 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertensive heart disease, knee prosthesis, degenerative arthritis, and traumatic arthritis, be assessed as combat related in order to...
AF | BCMR | CY2006 | BC-2005-03250
On 14 Dec 71, the Air Force PEB recommended that the removed from the TDRL and returned to active duty. For this condition to qualify for CRSC, it must be specifically granted by the DVA as presumptive to Agent Orange exposure. 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.