Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-01599
Original file (BC-2007-01599.doc) Auto-classification: Denied

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



Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-03167

    Original file (BC-2006-03167.doc) Auto-classification: Denied

    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

    Original file (BC-2007-00404.doc) Auto-classification: Denied

    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

    Original file (BC-2007-02372.doc) Auto-classification: Denied

    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

    Original file (BC-2006-02917.doc) Auto-classification: Denied

    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

    Original file (BC-2007-00837.DOC) Auto-classification: Denied

    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

    Original file (BC-2006-02455.DOC) Auto-classification: Denied

    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

    Original file (BC-2007-01376.doc) Auto-classification: Denied

    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

    Original file (BC-2007-00566.DOC) Auto-classification: Denied

    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

    Original file (BC-2007-00264.doc) Auto-classification: Denied

    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

    Original file (BC-2004-03895.DOC) Auto-classification: Denied

    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...