Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-01270
Original file (BC-2006-01270.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01270
            INDEX CODE:  108.07

            COUNSEL:  DAV

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  26 Oct 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s previously approved Combat-Related  Special  Compensation
(CRSC) be increased from 40% to 100% for prostate cancer  (malignant  growth
genitourinary), effective 25 Jan 99, in  order  to  qualify  for  additional
monetary benefits authorized under the CRSC Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband was awarded an increase in  his  service-connected  combat-
related prostate cancer by the Department of  Veterans  Affairs  (DVA)  from
40% to 100%, effective 25 Jan  99,  and  did  not  receive  retired  pay  as
authorized by CRSC.  As his spouse, she is requesting payment.

In support of her request, the applicant provided  documentation  associated
with  her  husband’s  CRSC  application.   Her  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Aug 71, the veteran  retired  from  the  Air  Force  in  the  grade  of
lieutenant colonel, after serving 20 years, 8 months, and 16 days on  active
duty.

On 5 Jan 04, the veteran’s original Aug 03 request for  CRSC  was  approved,
with a rating of 40% effective 1 Jan 04, because  his  prostate  cancer  was
presumed to have been caused by exposure to Agent Orange.  His  request  for
CRSC  for  his  service-connected  disabilities  of  arteriosclerotic  heart
disease and resection of the large intestine  (diverticulitis,  status  post
partial colectomy) was denied because these conditions  were  determined  to
be non-combat related.

The veteran died on 3 Apr 04.  CRSC is not subject to any  survivor  benefit
provisions; therefore, CRSC payments were  terminated  effective  31 Mar  04
(the last day of the moth prior to his death).

On 9 Dec 05, the DVA  increased  the  rating  for  the  veteran’s  malignant
growth genitourinary to 100% with an effective date of 25 Jan 99.

The veteran’s widow (the applicant) requested adjustment of the  rating  and
effective date  after  the  DVA  changed  the  rating  to  100%.   Her  CRSC
application was disapproved on 4 Jan 06; therefore, the  effective  date  of
her husband’s CRSC remained 1 Jan 04 for 40%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPDC  recommends  denial.   DPPDC  provides  a  review  of  the   late
veteran’s medical records and states the  purpose  of  CRSC  is  to  restore
military retirement pay that has been offset  by  DVA  compensation.   Since
the veteran’s retirement pay was not reduced by the increased  amount  prior
to his death,  there  is  nothing  additional  to  restore  under  the  CRSC
program.

The DPPDC 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  30 Jun
06 (Exhibit D) 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 the CRSC rating of 40% should  not  be
increased or the effective date changed. The purpose of CRSC is  to  restore
military retirement pay that has been offset  by  DVA  compensation.   Since
the veteran’s retirement pay was not reduced by the increased  amount  prior
to his death,  there  is  nothing  additional  to  restore  under  the  CRSC
program. The request for additional compensation under CRSC  does  not  meet
the mandatory criteria for compensation under the CRSC program  as  outlined
under the provisions of Public Law 107-314.  We  therefore  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and, in the absence of evidence  to  the  contrary,  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-2006-
01270 in Executive Session on 23 August 2006, 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 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPDC, dated 21 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jun 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-01865

    Original file (BC-2005-01865.DOC) Auto-classification: Approved

    After the death of her husband, she became aware that his disability rating had been increased to 40% and applied for CRSC benefits on his behalf. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2005-01865 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The...

  • AF | BCMR | CY2005 | BC-2005-00390

    Original file (BC-2005-00390.DOC) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. However, evidence has not been provided which would show that any of his conditions were awarded service-connection based on presumption of radiation exposure as required for a combat-related determination. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...

  • AF | BCMR | CY2006 | BC-2005-03872

    Original file (BC-2005-03872.DOC) Auto-classification: Denied

    Since he lived less than one month following award of his DVA compensation, he would not have received a CRSC payment prior to his death. Therefore, we agree with the Air Force's opinion that since the former member would not have received CRSC payments, corrective action is not warranted in this case and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...

  • AF | BCMR | CY2006 | BC-2005-03143

    Original file (BC-2005-03143.DOC) Auto-classification: Denied

    In support of her request, applicant provided a personal statement, a death certificate, documentation associated with the former member's CRSC determination, documentation associated with the applicant's Department of Veterans' Affairs (DVA) claims, and excerpts from various other literatures. JAA states the applicant believes Public Law 109-13 allows for the payment of increased death gratuity payments to all members of the armed forces who die as a result of combat related injury...

  • AF | BCMR | CY2005 | BC-2004-02117

    Original file (BC-2004-02117.DOC) Auto-classification: Denied

    In support of his request, applicant provided documentation associated with his CRSC application. DPPD states a review of his service and DVA medical records show his degenerative arthritis and condition of the skeletal system are not combat related. _________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2004-00108

    Original file (BC-2004-00108.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00108 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, impaired hearing, tinnitus, and right knee arthritis, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...

  • AF | BCMR | CY2007 | BC-2006-02527

    Original file (BC-2006-02527.doc) Auto-classification: Denied

    The Medical Consultant opines that if the applicant elected not to have any injury recorded on his record, it would be unlikely that this previously non-reported injury would be sufficient to cause medical problems forty years later. The evidence of record does indicate that he did have several episodes of back problems that resolved quickly while on active duty. The BCMR Medical Consultant’s complete evaluation is at Exhibit...

  • AF | BCMR | CY2005 | BC-2004-01134

    Original file (BC-2004-01134.DOC) Auto-classification: Denied

    He served 28 years and 13 days on active duty Current DVA records reflect a combined compensable rating of 60% for his unfitting conditions. DPPD states a review of his service and DVA medical records show his paralysis of the ulnar nerve is not combat related. 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.

  • AF | BCMR | CY2005 | BC-2004-00975

    Original file (BC-2004-00975.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00975 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, hypertension, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...

  • AF | BCMR | CY2007 | BC-2006-00800

    Original file (BC-2006-00800.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00800 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 September 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: Approval of a Combat-Related Special Compensation (CRSC) application be made in her late husband’s name. Her complete submission, with attachments, is at Exhibit A. After a...