RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00404
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition of Right and Left Knee Prosthesis
and Varicose Veins in both legs be reassessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of injuries he sustained when he jumped from
a burning aircraft and landed on his knees.
In support of his request, the applicant provided documentation associated
with his CRSC application.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Nov 68, the applicant retired from the Air Force (physical disability)
in the grade of staff sergeant, after serving 20 years and 13 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a rating of
0% for his combat-related service-connected condition of Impaired Hearing
and an 80% combined rating for his conditions of Knee Prosthesis and
Varicose Veins.
His CRSC application was disapproved on 21 Nov 05 because the DVA was under
the assumption he had not waived his military retirement to receive
compensation from the DVA; however, that information was incorrect and the
VA actually received the form on May 2, 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and notes the DVA Rating Decision, dated 21 Jan 69, awarded
service-connected compensable ratings for Impairment of the Knees, and
Varicose Veins, and non-compensable ratings for several other conditions,
including Impaired Hearing. The applicant was reevaluated by the DVA
several times for his knee conditions and varicose veins; however, there
was no mention of the injuries he claimed led to his knee conditions. DPPD
states when considering chronic conditions, the CRSC Board can only approve
them if there is clear evidence that a combat-related event of injury
caused or aggravated the condition. 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. Simply performing duties in an armed conflict or
exercise environment, performing maintenance on a military
aircraft/vehicle, or performing hazardous service (flight crew, pararescue
and etc.) does not automatically qualify an individual for CRSC. Without
clear evidence of a combat related cause, DPPD is unable to award this
compensation. 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. If the DVA increases his rating, he may be eligible to receive CRSC
in the future. DPPD states his 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 4 May
07 (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.
_________________________________________________________________
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-
2007-00404 was considered:
Exhibit A. DD Form 149, dated 23 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Apr 07, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 May 07.
THOMAS S. MARKIEWICZ
Chair
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