RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01599
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 NOVEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, hearing loss, be assessed as
combat-related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a jet aircraft and engine mechanic from 1952 until his retirement in
1969. He believes working in these Air Force Specialties caused his
disability and he should be entitled to receive benefits from the CRSC
program.
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 April 1969, the applicant retired from the Air Force in the grade of
chief master sergeant, after serving 23 years, 2 months and 9 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his service-connected conditions.
He initially applied for CRSC for a back strain; however, his request was
disapproved on 5 October 2004 because evidence was not provided to confirm
his disability was the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war. He later applied for CRSC for
impaired hearing, which was disapproved on 8 March 2007 because he is
currently not rated by the VA for this condition.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and notes he is being treated by the VA for a hearing loss
condition and has received hearing aids from them; however, he has not
applied for service-connected disability for his impaired hearing. If he
files a claim with the VA and is later awarded service-connection for this
condition, DPPD will reconsider his request for CRSC for the impaired
hearing at that time. DPPD states this 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 3 July
2007 (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. Title 10, U.S.C. Section 1413a,
authorizes compensation for combat-related medical conditions. The statute
requires that the medical condition be determined service-connected under
the laws governing the DVA. The available evidence of record does not show
that the applicant's hearing loss has been determined by the DVA to be
service-connected; therefore, it appears this condition does not meet the
criteria established by law for compensation under the CRSC program.
Accordingly, 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 2 November 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-
2007-01599 was considered:
Exhibit A. DD Form 149, dated 10 May 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 June 2007.
Exhibit D. Letter, SAF/MRBR, dated 3 July 2007.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2006-03167
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03167 INDEX CODE: 108.07 COUNSEL: MILITARY ORDER OF THE PURPLE HEART HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 DEC 07 _________________________________________________________________ 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...
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 | CY2008 | BC-2007-02372
After reviewing his personnel and medical records, DPPD found no evidence that he met the criteria above for combat-related radiation exposure. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition the applicant believes is 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...
AF | BCMR | CY2007 | BC-2006-02917
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02917 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 MAR 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, impaired hearing, loss of motion- ring or little finger, and right knee, be assessed as combat related in order to qualify for compensation under...
AF | BCMR | CY2007 | BC-2007-00837
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00837 INDEX CODE: 108.07 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 SEPTEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, intervertebral disc condition, hiatal hernia, tinnitus and impaired hearing be reevaluated under the Combat Related Special...
AF | BCMR | CY2007 | BC-2006-02455
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02455 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 19 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, Right and Left Knee Prosthesis and Degenerative Arthritis of the Lumbar Spine be reevaluated under the Combat Related Special Compensation...
AF | BCMR | CY2007 | BC-2007-01376
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01376 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 5 NOV 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, impairment of sphincter control, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...
AF | BCMR | CY2007 | BC-2007-00566
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00566 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 AUGUST 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, phlebitis and varicose veins, be reevaluated and assessed as combat related in order to qualify for compensation under the Combat Related...
AF | BCMR | CY2007 | BC-2007-00264
DPPD provides a review of the applicant’s medical records and notes while the applicant's condition was service- connected by the DVA, CRSC criteria require documentation to support a qualifying combat-related event or events as the direct cause of disability. 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 23 Mar 07 for...
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...