RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03802
INDEX CODE: 108.07
XXXXXX COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her service-connected medical conditions, lumbosacral or cervical strain,
degenerative arthritis (left and right shoulder), anxiety disorder, flat-
foot condition, paralysis of the medium nerve (left and right carpal tunnel
syndrome), condition of the skeletal system (right ankle), acne, and skin
condition be assessed as combat-related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her original submission for fibromyalgia was rated at 10% by the Department
of Veteran Affairs (DVA), now its 40%. Her IBS was rated at 0% by the DVA,
its now 10%. She disagrees with some of the DVA decisions. All this
happened after Desert Shield/Desert Storm and Operation Uphold Democracy.
She did not have panic attacks until after the war. She is presently rated
90% disabled in the DVA system, she could have been rated 100%, but
struggles daily and keeps lots of reminders to keep her present job.
In support of her request, the applicant provided a personal letter and
documentation associated with her CRSC application.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 March 1982, the applicant retired from the Air Force in the grade of
technical sergeant, after serving 20 years, 7 months and 29 days on active
duty.
Available DVA records reflect a combined compensable rating of 90% for her
service-connected conditions.
Her CRSC application was initially disapproved 4 December 2003. Her
application contained no evidence to confirm her disabilities
were the direct result of armed conflict, hazardous service of
instrumentality of war, or simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends a denial. DPPD provides a review of the applicant’s
medical records and notes she relates her disabilities to taking cover
during SCUD attacks, setting up tents, equipment, building sandbags, and
hauling gear. She injured her ankle during an exercise. It is evident she
had treatment for her shoulder, neck, feet, and ankle pain during her
military service. She was treated for acne, carpal tunnel syndrome and
anxiety; however, her service medical records were silent as to the cause
of her injuries and there was no evidence to indicate her shoulder, foot,
neck, wrist, or acne disabilities were directly caused by armed conflict,
hazardous service, instrumentality of war, or simulating war. To be
eligible for CRSC compensation, there must be a definite, documented, and
casual relationship between a disability and a combat-related factor. DPPD
found no evidence of a combat-related cause for her lumbosacral or cervical
strain, degenerative arthritis (left and right shoulder), anxiety disorder,
flat foot condition, paralysis of medium nerve (left and right carpal
tunnel syndrome), condition of the skeletal systems (right ankle), acne,
and skin condition. DPPD has approved fibromyalgia and IBS as presumptive
to Gulf War service. However, DPPD recommends denying all of her request
for CRSC for the cervical strain, degenerative arthritis (left and right
shoulder), anxiety disorder, flat foot condition, paralysis of medium nerve
(left and right carpal tunnel syndrome), condition of the skeletal system
(right ankle), acne, and skin condition. These disabilities do not meet
the mandatory criteria for compensation under the CRSC program.
The complete DPPD evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8
February 2008 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely 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 conditions the
applicant believes are combat-related were 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. Therefore, 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 she 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. Because this Board is without authority with respect to DVA
determinations, she must submit her appeal thru the appropriate DVA
channels if she wishes to challenge the determination.
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 this application in Executive
Session on 28 April 2008, 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-
2007-03802 was considered:
Exhibit A. DD Form 149, dated 13 November 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 29 January 2008, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 February 2008.
THOMAS S. MARKIEWICZ
Chair
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