RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00207
INDEX CODE: 108.07
xxxxxxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. His service-connected medical condition, sarcoidosis, be
assessed as combat-related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
2. His disability rating be adjusted to reflect 100% rather
than 50%.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Since his retirement the Department of Veterans Affairs (DVA)
doctors, civilian doctors, and an Air Force neurologist have
confirmed that he has sarcoidosis/neurological sarcoidosis. He
believes this disability should be combat-related.
In support of his request, applicant provides copies of his DVA
ratings for the years 1995, 2003 and 2007, a copy of his
separation and retirement orders and other associated documents
relating to his CRSC request. The applicant's complete
submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 23 May 92, after serving 17 years, 9 months, and 8 days of
total active service, the applicant was medically retired due to
his medical condition. He was retired in the grade of
lieutenant colonel with a compensable disability rating of 50%.
Available DVA records reflect the applicant is currently
receiving a combined compensable rating of 100% for his
unfitting condition.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises the applicant has not
submitted a CRSC claim as outlined under the provisions of
10 U.S.C., Chapter 71, Section 1413a. The complete DPPD
evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he will submit his request for CRSC; however,
he requests that the Board rule that his sarcoidosis related
disabilities are combat-related based on his DVA rating.
Additionally, the applicant requests that his Air Force
disability rating be readjusted to 100% which was the rating
assigned to him by the DVA in 1992. The applicant's complete
letter, with attachments, is at Exhibit D.
________________________________________________________________
_
ADDITIONAL AIR FORCE EVALUATION:
AFPC/DPSD reviewed the applicant's request for a readjustment of
his Air Force disability rating. DPSD states that the charge of
the DVA is to pick up where the Air Force must, by law, leave
off. Under Title 38, the DVA may rate any service-connected
condition based upon future employability or reevaluate based on
changes in the severity of a condition. This often results in
different rating by the two agencies. The DPSD complete
evaluation is at Exhibit E.
________________________________________________________________
_
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant states that the DVA was evaluating the same conditions
as the Air Force at the same time. The DVA's evaluation was
concurrent with the Air Forces evaluation and their "snapshots"
predate the Air Force's "snapshot." The applicant's complete
letter, with attachments, is at Exhibit G.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely not filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The available
evidence of record does not support a finding that the service-
connected medical condition the applicant believes is combat-
related was 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, does not qualify for compensation under
the CRSC Act. With regard to the applicant's request for an
adjustment of his disability rating from 50% to 100%, evidence
has not been provided which would lead us to believe that the
applicantÂ’s disability processing and the rating he received at
final disposition were improper. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as a basis for our
conclusion that the applicant has not been the victim of either
an error or an injustice. In the absence of evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this appeal.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 Docket Number BC-
2008-00207 in Executive Session on 27 Jan 09, under the
provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXX, Chair
XXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXX, Member
The following documentary evidence pertaining to Docket Number
BC-2008-00207 was considered:
Exhibit A. DD Form 149, dated 11 Dec 07, w/atchs.
Exhibit B. Letter, AFPC/DPPD, dated 26 Mar 08, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Apr 08.
Exhibit D. Letter, Applicant, dated 20 May 08, w/atch.
Exhibit E. Letter, AFPC/DPSD, dated 20 Jun 08.
Exhibit F. Letter, SAF/MRBR, dated 25 Jun 08.
Exhibit G. Letter, Applicant, dated 12 Jul 08, w/atchs.
XXXXXXXXXXXXXXXX
Chair
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