RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02679
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 5 Mar 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, right and left knee patellofemoral
syndrome, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 1 Apr 66, he hit his knees on a rock while jumping into a bunker to
avoid enemy mortar fire in Vietnam. He did not go to the hospital for what
he thought was a minor injury; however, 40 years later his knees are
painful and getting worse.
In support of his request, applicant provided a personal statement. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Oct 90, applicant retired from the Air Force in the grade of master
sergeant, after serving 26 years, and 2 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his service-connected conditions of
labyrinthitis, intervertebral disc syndrome, hiatal hernia, traumatic brain
disease, knee condition (arthritis and patellofemoral syndrome) and limited
flexion of knee.
His CRSC application was disapproved on 1 Jun 06 because his service-
connected medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and notes there is no mention of knee injuries in the
applicant’s military and DVA medical records until a DVA Compensation and
pension Exam dated 20 Jan 05. In his original CRSC application, the
applicant provided no explanation of how his knee conditions were incurred
and no in-service evidence was provided to confirm the information
described in the VA Rating Decision. Had some in-service evidence been
available to confirm such a unique combat-related event occurred leading to
these conditions (or even treatment for injuries that occurred around the
time of the alleged event), approval of CRSC might be warranted. However,
since no clear in-service evidence can be found to link his knee conditions
to a combat-related event or injury, they are unable to approve CRSC for
these conditions.
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 9 Nov
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 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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 this application in Executive
Session on 16 January 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2006-02679 was considered:
Exhibit A. DD Form 149, dated 25 Aug 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 1 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 06.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2007-00404
DPPD states although his conditions have been service-connected by the DVA, CRSC criteria require documentation to support a qualifying combat-related event or events as the direct cause of the disability. Additionally, the CRSC Board noted his Impaired Hearing is considered combat-related and approved it for CRSC; however, since it is currently rated at zero percent, he will not receive compensation at this time. We agree with the opinion and recommendation of the Air Force office of...
AF | BCMR | CY2006 | BC-2005-00732
His CRSC application was disapproved on 19 Aug 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD provided a review of his relevant medical history and states no evidence can be found to indicate any of the claimed conditions were caused by a combat related injury or event. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are...
AF | BCMR | CY2007 | BC-2006-01010
DPPD states that while it is evident the applicant received significant treatment throughout his career for the injuries directly relating and secondary to the fall from the ladder, the evidence does not clearly support his contention that the fall was due to a combat related factor. SF 600, Health Record – Chronological Record of Medical Care, dated 27 December 2000, showed complaints of right hip pain. _________________________________________________________________ THE BOARD DETERMINES...
AF | BCMR | CY2005 | BC-2004-02309
During the medical "red flags" and Combat Medical Readiness Training sessions the conditions under which they were conducted simulated war and required both mental and physical stress. 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...
AF | BCMR | CY2005 | BC-2005-00146
DPPD states a review of his service and DVA medical records show his traumatic arthritis of knees, bursitis of the elbows, and left ankle sprain with residuals are not combat related. No evidence was provided that clearly confirms the bursitis of elbows resulted from combat related activity. 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...
AF | BCMR | CY2006 | BC-2006-00488
He wants his Air Force and DVA records to reflect the change and CRSC compensation. 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 18 Jun 06 (Exhibit D) for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis...
AF | BCMR | CY2006 | BC-2005-02564
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02564 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 19 Feb 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, lumbosacral strain and knee conditions, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2005 | BC-2004-02290
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02290 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, injury to right toe, heel, and knee condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2006 | BC-2004-00919
In support of his request, applicant provided documentation associated with his CRSC application. Tractor trailers are not designed primarily for military service and are not unique to combat or military situations; therefore, a tractor trailer is not an instrumentality of war. 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...
AF | BCMR | CY2005 | BC-2004-02461
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...