Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-00072
Original file (BC-2007-00072.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00072
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 JULY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions  of  Dermatitis  or  Eczema  and
Spontaneous Collapsed Lung, be  assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His skin and lung conditions are due to exposure to Agent Orange (AO)  while
serving in Vietnam.

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:

On 1 Jun 1990, applicant retired from the Air Force in the grade  of  senior
master sergeant, after serving 30 years and 1 day on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his service-connected conditions.

His CRSC application was partially approved on 23  Apr  07,  granting  a  30
percent compensable rating for Post-Traumatic Stress Disorder.  No  evidence
was provided to confirm his other disabilities were  the  direct  result  of
armed conflict, hazardous service, instrumentality  of  war,  or  simulating
war.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides  a  review  of  the  applicant’s
medical records and states in order for these disabilities to be  considered
combat  related,  they  must  be  specifically  granted  by   the   Veterans
Administration (VA) as presumptive to AO exposure.  Since the  VA  does  not
consider skin  conditions,  other  than  Chloracne,  presumptive.   DPPD  is
unable to consider any disability claimed under exposure to AO that  the  VA
has not recognized as, secondary to, an  AO  presumptive  condition.   While
the applicant had significant treatment for his skin  condition  during  his
military service, DPPD finds no evidence of  a  combat-related  cause.   The
condition does not meet the mandatory criteria for  compensation  under  the
CRSC program.

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 27  Apr
07 for review and comment within 30 days.  As of this date, this office  has
received no response. (Exhibit D)

_________________________________________________________________

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 this application in  Executive
Session on 23 July 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-
2007-00072 was considered:

    Exhibit A.  DD Form 149, dated 5 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Apr 07, with atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Apr 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-02773

    Original file (BC-2006-02773.doc) Auto-classification: Denied

    In support of his request, the applicant provided a personal letter and documentation associated with his CRSC application. DPPD provides a review of the applicant’s medical records and notes it is evident that he was treated on repeated occasions for his skin condition during military service; however, his records indicate he was treated several times for rashes, a cyst and a boil prior to his Vietnam service. The complete DPPD evaluation, with attachments, is at Exhibit...

  • AF | BCMR | CY2006 | BC-2005-01291

    Original file (BC-2005-01291.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His condition is the result of exposure to jet fuel, several glues and cleaning chemical agents required in making repairs performing his duties as an Aircraft Fuels Systems Mechanic. The Medical Consultant Evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Applicant responded that he was a smoker during...

  • AF | BCMR | CY2009 | BC-2008-01818

    Original file (BC-2008-01818.DOC) Auto-classification: Denied

    DPPD states the applicant requested his coronary artery bypass be considered combat related. For his coronary artery bypass to qualify for CRSC, it must be either secondary to diabetes mellitus contracted by exposure to AO herbicides or presumptive to Prisoner of War (POW) internment, and this must be so stated in the applicable DVA Rating Decision. ________________________________________________________________ RECOMMENDATION OF THE BOARD: The applicant be notified that the evidence...

  • AF | BCMR | CY2004 | BC-2003-02090

    Original file (BC-2003-02090.doc) Auto-classification: Denied

    There is no evidence he had active tuberculosis and no evidence of lung damage from tuberculosis. 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...

  • AF | BCMR | CY2006 | BC-2005-03029

    Original file (BC-2005-03029.DOC) Auto-classification: Denied

    DPPD provided a review of his relevant medical history and states he was treated several times prior to his Vietnam service for the skin condition. _________________________________________________________________ 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...

  • AF | BCMR | CY2007 | BC-2007-00669

    Original file (BC-2007-00669.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00669 INDEX CODE: 108.07 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 4 SEPTEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected disability of Impaired Hearing be evaluated in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. DPPD...

  • AF | BCMR | CY2007 | BC-2007-00273

    Original file (BC-2007-00273.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00273 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 AUG 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, residual scars due to basal cell carcinoma, be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2005 | BC-2004-03696

    Original file (BC-2004-03696.DOC) Auto-classification: Denied

    His CRSC application was disapproved on 21 Oct 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. 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 21...

  • AF | BCMR | CY2007 | BC-2006-02997

    Original file (BC-2006-02997.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02997 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 APR 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, spinal disc condition, asthma, and impairment of the femur, be assessed as combat related in order to qualify for compensation under the Combat...

  • AF | BCMR | CY2007 | BC-2006-03641

    Original file (BC-2006-03641.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03641 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 JUN 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, impaired hearing, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. He...