RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00821 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be medically retired. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. She was never advised that she was eligible for a medical 
retirement. If she had known this, she would have remained on 
active duty rather than accepting severance pay. She was never 
able to get her questions answered or obtain any assistance no 
matter where she turned. 

 

2. Based on the evidence in her medical records, the fact that 
she was separated due to exacerbation of her rheumatoid 
arthritis by anthrax immunization, and also in the line of duty, 
she thought she would have no problem getting her disability 
rating with the Department of Veterans Affairs (DVA). However, 
that has not been the case and it has been over five years and 
her case is still under review. Prior to taking the anthrax 
vaccine, her medical records reflect her as being 100% healthy. 

 

3. The applicant recounts the challenges she has faced with her 
medical issues, efforts to get her disability rating, and her 
assessment of the physician assigned to do her disability 
examination, and her views of the anthrax vaccine. 

 

In support of her application, the applicant provides a seven-
page statement, a DoD News Release regarding vaccines and how 
they may relate to illnesses or death and copies of her medical 
records and other associated documents. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

 

 

 

 

 

 

 


STATEMENT OF FACTS: 

 

The applicant’s NGB Form 22, National Guard Bureau Report of 
Separation and Record of Service, reflects the applicant 
enlisted in the Air Force - Air National Guard on 3 March 2000 
and was honorably discharged with severance pay on 18 October 
2004 due to a physical disability. 

 

The pertinent facts pertaining to this application are contained 
in the BCMR Medical Consultant’s evaluation found at Exhibit C. 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends granting the applicant a 
permanent medical retirement with a combined disability rating 
of 60%, consisting of 40% for complete peroneal nerve neuropathy 
and 30% for left hip arthroplasty. 

 

It has been established that the applicant underwent a medical 
evaluation board (MEB) due to Rheumatoid Arthritis (RA) and that 
her RA, more likely than not, was aggravated by the Anthrax 
vaccine she received. Although post-service determinations are 
generally not considered a basis for the seriousness of in-
service occurrence, the Medical Consultant believes that the 
“bone on bone” findings resulting in the total hip arthroplasty 
in November 2004 (a few weeks following the applicant’s 
separation) is strong evidence the condition existed in its 
severe state at the time of the applicant’s MEB and separation 
action. The Medical Consultant believes that had the 
seriousness of the applicant’s left hip disease been known prior 
to her separation, this condition, more likely than not, would 
have played a significant role in her fitness determination and, 
indeed, her disability rating computation. Since the government 
has accepted the likelihood the applicant’s RA was aggravated by 
the Anthrax vaccine, then it should follow that the degenerative 
hip may have likewise been worsened due to the inflammatory 
response to the Anthrax vaccine. If the applicant’s medical 
condition existed prior to service (EPTS), the Medical 
Consultant finds any EPTS factor indeterminate for disability 
rating purposes. Therefore the Medical Consultant recommends 
changing the record to show the applicant was found unfit due to 
severe degenerative joint disease, left hip, and was assigned a 
disability rating of 30%. The 30% rating represents the minimum 
rating for hip joint arthroplasty. The Medical Consultant notes 
that he considers the applicant’s severely degenerative left hip 
to be a residual of her RA and, thus, cannot combine the rating 
with the rating for her RA active disease, unless it results in 
a higher rating. Finally, although the applicant experienced an 
unexpected complication of her surgery, albeit post-service, he 
finds it inappropriate to ignore this real-world additional 
consequence of her surgical treatment, which has contributed to 
her inability to function. Therefore the Medical Consultant 
opines that combining (not adding) a disability rating of 40%, 


under VASRD code 8521 (complete common peroneal nerve weakness) 
with the 30% disability rating for the applicant’s total hip 
arthroplasty, under VASRD code 5054, represents an appropriate 
remedy. 

 

The complete BCMR Medical Consultant Evaluation is at Exhibit C. 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the BCMR Medical Consultant’s complete evaluation was 
forwarded to the applicant on 29 November 2010 for review and 
comment within 30 days. To date, a response has not been 
received. 

 

________________________________________________________________ 

 

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 an error or injustice. After a 
review of the facts and circumstances of this case, we are 
sufficiently persuaded the applicant has provided the necessary 
and appropriate documentation to sustain her burden that she has 
been the victim of an error or injustice and should be medically 
retired. We agree with the BCMR Medical Consultant’s 
recommendation that the applicant’s hip arthroplasty should be 
factored in her disability rating; however, we do not agree that 
the peroneal nerve condition should be a factor. The BCMR 
Medical Consultant states that her post-service surgery for her 
left hip which resulted in an unexpected complication, peroneal 
nerve weakness, should not be ignored and should be factored in 
the disability rating. Based on our review of the evidence, we 
do not believe that this unexpected complication of post-service 
surgery represents an error by the Air Force and should be 
included in the disability rating computation. It has been 
established that the applicant underwent an MEB due to RA and 
that her RA was aggravated by the Anthrax vaccine. The BCMR 
Medical Consultant determined that due to the RA the “bone on 
bone” findings resulted in the total hip arthroplasty in 
November 2004, a few weeks following her separation and that had 
the applicant’s left hip disease been known prior to her 
separation, this condition would have played a significant role 
in her fitness determination and, her disability rating 
computation. Therefore, in view of the above, and in an effort 
to remove any possibility of an injustice, we believe the 
totality of the evidence presented warrants that the applicant 
receive the minimum 30% disability rating for her left hip 


arthroplasty, which when combined with the 20% disability rating 
for her RA, results in a disability rating of 40% and a 
permanent medical retirement. Accordingly, 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: 

 

 a. On 17 October 2004, she was found unfit to perform the 
duties of her office, rank, grade, or rating by reason of 
physical disability, incurred while she was entitled to receive 
basic pay; that the diagnosis in her case was rheumatoid 
arthritis, VASRD code 5002, rated at 20% and hip arthroplasty, 
VASRD code 5054, rated 30%; that the compensable percentage was 
40%; that the degree of impairment was permanent; that the 
disability was not due to intentional misconduct or willful 
neglect; that the disability was not incurred during a period of 
unauthorized absence; and that the disability was not received 
in the line of duty as a direct result of armed conflict or 
caused by an instrumentality of war. 

 

 b. On 18 October 2004, she was retired by reason of 
physical disability under the provisions of AFI 36-3212. 

 

 c. The election of Survivor Benefit Plan option(s), will be 
corrected in accordance with the member’s expressed preferences 
and/or as otherwise provided for by law or the Code of Federal 
Regulations. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00821 in Executive Session on 6 January 2011, 
under the provisions of AFI 36-2603: 

 

 

 

 

 

 

 

 

 

 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-00821 was considered: 

 


 Exhibit A. DD Form 149, dated 25 February 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Record. 

 Exhibit C. Letter, AFBCMR Medical Consultant, 

 dated 23 November 2010, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 29 November 2010. 

 

 

 

 

 

 Vice Chair