RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00509
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her disability discharge with severance pay be changed to reflect
she was medically retired.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her medical conditions are permanent in nature and warrant
placement on the Permanent Disability Retired List (PDRL). She
needs to qualify for Tri-Care medical benefits in order to receive
proper medical treatment without the affect of a financial burden.
While being hospitalized she followed protocol and met standards
required in order to be discharged. She was reevaluated twice
while on the TDRL; however, her medical condition did not improve.
Her final medical TDRL reevaluation paperwork is incomplete but
recommended her medical retirement based on her continued poor
functioning and poor prognosis in terms of her eating disorder; the
chronic course of her psychiatric illness; and the fact that she
will likely require multiple methods of treatment to include
outpatient care, inpatient care, and partial hospitalization
programs.
She is totally reliant on the Department of Veterans Affairs (DVA)
for her medical care. She has not been assigned to a primary
health care provider or been scheduled for an initial appointment
even though she has been designated as priority one in the DVA
medical system. The closest DVA medical treatment center is
3 hours away and she does not know of any DVA affiliated medical
facilities that provide any of the recommended treatments mentioned
in the 3 Aug 07 statement. If she were permanently retired she
could receive proper medical care without delay by health care
providers who specialize in her disorder.
In support of her request, the applicant provides excerpts from her
medical records and a chronological list of events from the time
she joined the Air Force to present.
Her complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 1 Jul 98. She
underwent a Medical Evaluation Board (MEB) on 27 Mar 06 and based
on the diagnosis of Anorexia Nervosa, purging type (2) Major
Depressive Disorder (MDO), single episode, moderate, and
(3) Generalized Anxiety Disorder (GAD), referred her to an Informal
Physical Evaluation Board (IPEB). The IPEB found her unfit for
duty and recommended she be placed on the Temporary Disability
Retired List (TDRL) with a diagnosis of Anorexia Nervosa,
Restricting Type with major depressive disorder in full remission,
with a 50 percent disability rating. The applicant underwent
subsequent TDRL reevaluations and, on 3 Aug 07, the IPEB found her
unfit for duty and recommended she be retained on the TDRL.
Another IPEB convened on 4 Mar 09 and reviewed the applicants TDRL
reevaluation, found her unfit for duty and recommended she be
discharged with severance pay with a zero percent disability
rating. She disagreed with the findings; however, she waived her
right to appeal to a formal hearing and did not submit a written
rebuttal. On 30 Apr 09, the Secretary of the Air Force Personnel
Council (SAFPC) considered the applicants appeal; however, after a
review of all facts and evidence in the case, to include the
remarks by the IPEB, the applicants medical records, and the
narrative summary, the board determined the applicant should be
discharged with severance pay with a 10 percent disability rating.
___________________________________________________________________
AIR FORCE EVALUATION:
BCMR Medical Consultant recommends granting the applicant a
permanent retirement with a 30 percent disability rating. The
Medical Consultant states that according to the TDRL reevaluation
summary of 2008, the applicants depressive disorder and anxiety
disorder improved or resolved and no longer presented any
significant impact upon her social and occupational functioning.
That then brings attention to the rating determination for her
Anorexia Nervosa; after reviewing the disability rating criteria
for Anorexia and Bulimia Nervosa, it is likely the previously
determined 0 rating made by the IPEB was because there were no
incapacitating episodes during that period. In order to receive a
30 percent disability rating there must be self-induced weight
loss to less than 85 percent of expected minimum with
incapacitating episodes of more than two, but less than six weeks
total duration per year. An incapacitating episode is defined
as a period during which bed rest and treatment by a physician are
required. In this case, the Medical Consultant recommends a
collective consideration of the probative value of the DVA
evaluations, the GAF determinations, and the statement made in the
narrative summary by the military psychiatrist. Consequently, he
believes the benefit of doubt warrants either a return to TDRL
status or permanent retirement with a 30 percent disability rating;
reflecting a persistence of the underlying medical disorder, while
acknowledging resolution of the associated depression and anxiety.
The BCMR Medical Consultants complete 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 1 Nov 10 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice to warrant relief
in this case. After carefully reviewing the available evidence,
we acknowledged the applicants social and industrial adaptability
was characterized a mild. However, we rendered the benefit of
doubt in favor of the applicant upon consideration of the
conflicting clinical information provided by the mental health
provider, who also stated that the applicants Anorexia Nervosa
appears to have continued unabated and possibly worsened since
her last evaluation, as evidenced by her continued weight loss.
The evaluating mental health provider also assigned a Global
Assessment of Functioning (GAF) of 45, depicting a severe level of
overall impairment. While the GAF is only one measure in the
assessment of an individuals level of impairment, we collectively
considered, as recommended by the BCMR Medical Consultant, the
probative value of the disability rating determinations, the
rationale of the Department of Veterans Affairs and the
aforementioned comments of the applicants mental health provider
in rendering the benefit of doubt in her favor for assignment of a
disability rating of 30% for Anorexia Nervosa. Therefore, we
recommend her records be corrected as indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that she was not
removed from the TDRL on 26 May 09 and discharged with severance
pay, but on 27 May 09 her name was placed on the Permanent
Disability Retired List, with a 30 percent compensable percentage.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-00509 in Executive Session on 2 Dec 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 26 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 1 Nov 10.
Panel Chair
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