RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02109 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His corrected rating for chronic low back pain of 40 percent be 
changed to include his condition of Post Traumatic Stress 
Disorder (PTSD). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

The Physical Disability Board of Review (PDRB) corrected his 
record to reflect that he was disability retired rather than 
disability discharged, with severance pay. However, subsequent 
to his separation, he discovered that his original rating from 
the Department of Veterans Affairs (DVA) included a rating for 
PTSD, which was not a condition rated by the Air Force or the 
PDBR and believes this rating should be included in his 
disability retirement. 

 

In support of his appeal, the applicant provides a copy of an 
extract of his DVA Rating decision and a copy of an extract from 
his PDBR case file, PD200900256. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Based on the available records, prior to his disability 
discharge with severance pay effective 28 Feb 08, he was rated 
by the DVA with a compensable disability rating of 40 percent 
for chronic lumbar pain and 30 percent for PTSD. 

 

The applicant was processed through the Disability Evaluation 
System (DES) and his case was referred to the Informal Physical 
Evaluation Board (IPEB) for chronic lumbar pain. The IPEB 
recommended the applicant be disability discharged with 
severance pay, with a compensable disability rating of 10 
percent for chronic lumbar pain. 

 


On 8 Mar 10, the PDBR corrected the applicant’s record to 
reflect a compensable disability rating of 40 percent for 
chronic low back pain, with VASRD code of 5243. 

 

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THE AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial, stating, in part, 
that the applicant has not met the burden of proof of a material 
error or injustice that warrants the desired change to the 
record. The Military Departments, operating under Title 10, 
United States Code (U.S.C.) can only offer compensation for the 
medical condition(s) which is(are) the cause for career 
termination; and then only to the degree of impairment at the 
"snap-shot" time of final military disposition. In the case 
under review, there is no evidence to show the applicant's 
ability to perform his military duties was adversely impacted by 
PTSD to the extent that warranted its inclusion in the MEB/PEB 
process as a basis for a possible unfit finding. The Medical 
Consultant acknowledges the applicant's implicit contention that 
because the DVA awarded him a disability rating for PTSD; during 
the same period, he received the 40 percent rating for back 
pain; which then formed the basis for a change of the record and 
medical retirement via the PDBR. However, unlike the Military 
Disability Evaluation System, the DVA, operates under a 
different set of laws with a different purpose (Title 38, 
U.S.C.) and is authorized to offer compensation for any medical 
condition determined service incurred, without regard to its 
demonstrated impact upon a service member's retainability, 
fitness to serve, or narrative reason for separation. This is 
the reason why an individual can be found fit for service for a 
medical condition and yet sometime thereafter receive a 
compensation rating from the DVA for the service-connected, but 
militarily non-unfitting condition. Thus, the presence of a 
medical condition that was not unfitting while in service, and 
was not the cause of separation or retirement, that may later 
progress in severity causing disability or was merely determined 
service connected is not a basis to retroactively grant military 
disability compensation. In addition, Title 38, USC authorizes 
the DVA to conduct periodic re-evaluations for adjusting the 
compensation ratings as the severity or level of impairment for 
a given medical condition may vary over the lifetime of the 
veteran. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 1 April 2011 for review and comment within 30 days. 


As of this date, no response has been received by this office 
(Exhibit D). 

 

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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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, the applicant’s case has undergone an 
exhaustive review by the BCMR Medical Consultant and we did not 
find the evidence provided, sufficient to overcome his 
assessment of the case. Therefore, we agree with his 
recommendation and adopt the rationale expressed as the basis 
for our decision that the applicant has failed to sustain his 
burden that he has suffered either an error or an injustice. In 
view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-02109 in Executive Session on 5 May 2011, under 
the provisions of AFI 36-2603: 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-02109 was considered: 

 

 Exhibit A. DD Form 149, dated 7 Jun 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, 

 dated 30 Mar 11. 

 Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11. 

 Panel Chair