RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00724
INDEX CODE: 108.07
xxxxxxxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His service-connected medical condition, osteomalacia-left knee, be
reevaluated and assessed as combat-related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
2. His Department of Veterans Affairs (DVA) disability ratings and
effective dates be corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The DVA office has admitted making an error in the rating and effective
date of his service-connected medical condition.
In support of his request, applicant provides a personal statement and a
copy of his DVA rating. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Jul 77, after serving 22 years, 9 months and 10 days of total active
service, the applicant voluntarily retired from the Air Force in the grade
of master sergeant.
His CRSC application was partially approved on 11 Jul 07, for impaired
hearing. However, his request for tinnitus, right eye disability and skin
cancer were disapproved because there was no evidence to confirm these
disabilities were the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war. On 9 Jan 08, based on a review
of additional documentation submitted by the applicant, the CRSC board
approved an increase for his hearing disability and disapproved his knee
conditions.
Available DVA records reflect a combined compensable rating of 40% for his
unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant's application and
documentation contain no evidence to confirm his knee disabilities were the
direct result of a combat-related event or events. Specifically, his
rating decision states, "A clear and unmistakable error is found in the
evaluation of Chrondomalacia patella, Left Knee (previously addressed as
bilateral chondromalacia patella) and a retroactive increased evaluation to
10 percent disabling is established from 7 March 2005." The "clear and
unmistakable error" is not addressing his current CRSC award for impaired
hearing and tinnitus. The error was found to be in regard to his knee
disabilities which are not considered combat-related. The complete
AFPC/DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states there is documentation concerning his knee condition
in his retirement physical. The DVA has admitted to making a clear and
unmistakable error concerning his knees and hearing and changed his
disability rating from 10% to 40%. He believes this error entitles him to
back pay. The applicant's complete letter is at Exhibit E.
_________________________________________________________________
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 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
respect to the portion of his request regarding the increased DVA
disability rating; since we have determined that his knee disabilities are
not combat-related, a correction to his records to reflect the DVA adjusted
effective date and rating serves no useful purpose. 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 Docket Number BC-2008-00724
in Executive Session on 4 August 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-
2008-00724 was considered:
Exhibit A. DD Form 149, dated 8 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 19 May 08, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 23 May 08.
Exhibit E. Letter, Applicant, dated 7 Jun 08.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2009 | BC-2008-01224
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01224 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition of intervertebral disc syndrome be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. His medical records reflect he...
AF | BCMR | CY2005 | BC-2004-00108
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00108 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, impaired hearing, tinnitus, and right knee arthritis, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2009 | BC-2008-01938
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01938 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES ______________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, invertebral disc syndrome be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. His medical records reflect he hurt...
AF | BCMR | CY2009 | BC-2008-03916
His DVA award was 50 percent, his CRSC award was 40 percent with Special Monthly Compensation. In this respect, it appears that while the DVA increased his combined service-connected disability rating to 50 percent, the particular disability that has been determined combat-related remains rated at 40 percent. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...
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 | CY2005 | BC-2004-01661
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. _________________________________________________________________ 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;...
AF | BCMR | CY2004 | BC-2003-02830
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...
AF | BCMR | CY2008 | BC-2008-00813
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00813 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected disability of sleep apnea syndrome be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. On 16 Jul 07, his claim was disapproved due to...
AF | BCMR | CY2007 | BC-2007-01385
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01385 INDEX CODE: 108.07 XXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, traumatic arthritis (left shoulder), be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. DPPD advises...
AF | BCMR | CY2007 | BC-2006-02048
DPPD states the applicant believes his back condition is directly related to performing aircrew duties. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are 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 war, and therefore, do not qualify...