RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03395
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect he was reinstated to active duty
with time served since January 2005 at the highest rank attainable with
back-pay.
2. His RE Code be changed to a code that will allow reentry without a
waiver.
_________________________________________________________________
APPLICANT CONTENDS THAT:
A medical board was conducted in August 2004 to evaluate his medical
condition. This was a result of being on an extended profile while
receiving treatment for cervical spine pain and associated migraines. A
Medical Evaluation Board (MEB) met and diagnosed him with chronic
musculoskeletal cervical spine pain. The MEB reported his condition was
not permanently aggravated by service. This report was then referred to an
Informal Physical Evaluation Board (IPEB).
The IPEB diagnosed him with degenerative disk disease and associated
migraine headaches. The IPEB found him unfit for duty and discharged him
on 10 January 2005. He was led to believe his condition was permanent with
no cure.
In November 2005, after a year of being completely symptom/medication free,
he felt the Air Force made a mistake with his diagnosis.
In March 2006, the hospital at Lakenheath England found him fit for active
duty but indicated he needed to consult neurology since they had initiated
his separation.
In August 2006 during his third neurology exam, he expressed his desire to
return to active duty. He explained he had been symptom free for nearly
two years. The doctor stated if he had been placed on Temporary Duty
Retired Listing (TDRL) status, he would have been returned to duty upon his
first medical re-evaluation visit. The doctor stated his headaches likely
stemmed from the afferent pain stimulus from his neck.
In November 2006, his medical examination was returned from HQ AETC. He
was denied re-entry due to migraines and degenerative disk disease.
On 20 April 2007, he scheduled an exam with a consultant neurosurgeon. The
surgeon reviewed his records and stated any disk dehydration found was
completely normal for his age. In his report, the doctor stated he was
entirely asymptomatic, and his neurological examination was unremarkable.
The doctor saw no medical reason to deny his active duty reinstatement and
agreed to substantiate that he has been entirely asymptomatic since 1984
and requires no further intervention with respect to his cervical spine.
The doctor also indicated he is not on medication and his MRI scans do not
reveal any significant pathology. The doctor considered him "fit for
active duty and deployments with respect to his cervical spine."
He believes he was misdiagnosed with degenerative disk disease and
wrongfully discharged from service. He was led to believe he had a
permanent disability and he is confident he does not. He has been
completely asymptomatic since September 2004 and is currently performing
the same military duties as a civilian biomedical equipment technician.
In support of his request, the applicant submits a personal statement, a
copy of his DD Form 214, Report of Separation from the Armed Forces of the
United States and excerpts from his medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 December 1991, the applicant enlisted in the Regular Air Force.
On 10 August 2004, a Medical Evaluation Board (MEB) convened and referred
his case to an IPEB. On 20 September 2004, the IPEB found him unfit for
further military service based on a diagnosis of chronic cervical pain
associated with disk disease and recommended discharge with a combined
compensable rating of 10%. On 30 Septmber 2004, the applicant agreed with
the findings of the IPEB.
On 6 October 2004, the Secretary of the Air Force directed he be separated
from active service for physical disability with severance pay.
On 10 January 2005, he was separated from the Air Force in the grade of
staff sergeant. He served a total of 13 years and 15 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSD recommends denial. DPSD states the preponderance of evidence
reflects that no error or injustice occurred during the disability process
or at the time of separation. If applicant wishes to re-enlist in the Air
Force, he should apply through the proper channels to request a
reevaluation to determine fitness for worldwide duty.
The complete DPSD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded asking the board to also upgrade his reentry code
of 2Q which denotes "Personnel medically retired or discharged" to a code
requiring no waiver. He stated for three years he has exhausted all
"proper channels" to re-enter the Air Force. No recruiters can initiate
his reenlistment because of his current RE code. For no other reasons, his
military career was ended by an Air Force diagnosis of degenerative disk
disease. The Air Force stated this was incurable, and therefore he would
not be unable to perform his duties. He now feels this diagnosis was
incorrect. He is asking the board to overturn his diagnosis considering he
has been asymptomatic for three years. No pathology was found on his
scans, and his neurosurgeon has approved him fit for active duty and
deployments.
His complete response, with attachments, is at 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 evidence
of record and applicant’s submission, we are not persuaded that his records
should be changed. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The applicant has
provided no persuasive evidence that his medical condition was improperly
evaluated at the time of final disposition, or that his disability
processing was erroneous or contrary to the provisions of the governing
instructions, which implement the law. We therefore agree with the
recommendations of the Air Force and adopt the rationale expressed as the
basis for our decision that the applicant has failed to sustain his burden
of proof that he has suffered either an error or an injustice. In view of
the above and absent persuasive evidence to the contrary, we find no
compelling basis to recommend granting his request.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-2007-
03395 in Executive Session on 6 February 2008, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Mary Jane Mitchell, Member
Ms. Marcy C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 September 2007, w/atchs.
Exhibit B. Letter, AFPC/DPSD, dated 2 November 2007.
Exhibit C. Letter, SAF/MRBR, dated 30 November 2007.
Exhibit D. Letter, Applicant, dated 19 December 2007.
THOMAS S. MARKIEWICZ
Chair
AF | PDBR | CY2009 | PD2009-00403
The VA rated his shoulder as a separate condition as described below. Right Shoulder Pain/Impingement: The VA examination on 20081105 documented Pain to palpation of the right shoulder, painful motion of right shoulder, and crepitation in right shoulder.
AF | BCMR | CY2007 | BC-2006-00557
At the time of his discharge, the cervical and lumbar spine conditions were the only conditions felt to be unfitting. On review of service medical records, the range of motion in the cervical and lumbar spine best correlates to a 10 percent disability rating for each at the time of discharge, using the Veterans Administrative Schedule for Rating Disabilities (VASRD). ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant...
AF | PDBR | CY2012 | PD 2012 01595
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends no change in the rating for placement onto TDRL, however for the permanent rating recommends separate disability ratings of 10% for the migraine headache condition and 10% for the atypical facial pain condition. The Board unanimously recommends to decouple the migraine headache condition from the atypical facial pain condition and further unanimously recommends separate...
AF | PDBR | CY2009 | PD2009-00182
The Informal PEB (IPEB) determined he was unfit for continued military service and he was then separated with a 10% disability for 5242 Chronic Neck Pain Secondary to Degenerative Joint Disease associated with Vagal Response Syncopal Episodes, Right Upper Extremity Paresthesias, Migraine Headaches, and Mood Disorder using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Therefore, the IPEB rates the condition that...
ARMY | BCMR | CY2013 | 20130008426
Counsel requests correction of the applicant's records to show: * he was medically retired and placed on the Retired List at the rate of 50 percent (50%) effective 12 February 2007 * entitlement to back retired pay from the date of his transfer to the Retired Reserve to the present 2. The applicant should be retired. Counsel provides: * DA Form 199 (PEB Proceedings) * Request for Transfer to the Retired Reserve in lieu of Disability Processing * Transfer to an Inactive Status Discharge...
AF | PDBR | CY2013 | PD-2013-02146
The neck and back conditions, characterized as “degenerative disk disease DDD, chronic neck pain and chronic back pain” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. The PEB adjudicated “chronic neck pain” and “chronic back pain” as unfitting, rated 10% and 10% respectively, citing criteria of theVA Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. RECOMMENDATION : The Board, therefore, recommends that there be no...
AF | PDBR | CY2012 | PD2012 01457
The CI requested a reconsideration of the IPEB findings after which the IPEB found the CI unfit for his low back condition, rated 10%. Subsequent multiple VA physical therapy records ranging to the end of 2002,within the 12-month window specified in DoDI 6040.44 regarding VA evaluations for Board consideration, did not demonstrate any deterioration in the CI’s condition, although the Board noted that the CI continued to have ongoing low back pain that was being treated with non-steroidal...
AF | PDBR | CY2011 | PD2011-00316
CI CONTENTION : The CI states: “The PEB gave me 0% for lumbar radiculitis and degenerative disease. The neurosurgeon completing the NARSUM evaluation did not provide measured ROMs, although he commented, “low back range of motion is not particularly compromised.” He noted a “mild limp favoring the right lower extremity” (not directly linked to spine by exam; therefore not ratable IAW §4.71a), normal response to straight leg raise, and normal reflexes. The Board does not have the authority...
AF | BCMR | CY2012 | BC 2012 01051
He requested a separate and unfitting condition of 30 percent for right side radiculopathy VASRD 8516. On 11 Mar 10, the FPEB determined that based on a limited ROM and right radicular pain, the FPEB rated his spinal fusion at 20 percent and considered his chronic left shoulder pain to also be unfitting and best rated at 10 percent. On 11 Mar 10, the Formal Physical Evaluation Board, found the applicant unfit to perform the duties of his office, rank, grade, or rating by reason of physical...
AF | BCMR | CY2013 | BC 2013 02860
Further, it must be noted the United States Air Force disability boards must rate disabilities based on the members condition at the time of evaluation; in essence a snapshot of their condition at the time. The Medical Consultant concurs with the recommendation of the IPEB for a discharge with severance pay with a 20 percent disability rating for chronic neck pain as the only condition found to be unfitting for continued military service at the time of separation. The complete BCMR...