RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03405
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her diagnosis of Adrenal Insufficiency be added to her AF Form
356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, dated 22 Jul 10, and included as part of her
overall disability rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Medical Evaluation Board (MEB) did not have the necessary
paperwork to make a decision about her adrenal insufficiency.
Her military medical provider is willing to do whatever is needed
to help correct her military record. She is currently seeing a
civilian endocrinologist, whom she has been seeing on a regular
basis for over a year.
In support of her request, the applicant provides a personal
statement, a letter from her civilian medical provider, and
medical documents.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Nov 09, the applicant underwent a MEB for the following
conditions: adrenal insufficiency, asthma, lumbago, obstructive
sleep apnea (OSA), and post-traumatic stress disorder (PTSD).
On 9 Feb 09, the Informal Physical Evaluation Board (IPEB) found
the applicant unfit for PTSD (assigned a 50 percent rating),
chronic low back pain (assigned a 40 percent rating), and adrenal
insufficiency (assigned a 20 percent rating), and recommended
placement on the Temporary Disability Retired List (TDRL) with a
combined (not added) disability rating of 80 percent. The IPEB
considered her OSA (controlled with a continuous positive airway
pressure (CPAP) machine and asthma to be conditions that can be
unfitting but were not currently compensable or ratable at the
time.
The applicant did not contest the findings and recommended
disposition of the IPEB, and on 29 May 09 she was placed on the
TDRL.
On 22 Jul 10, the applicant received a TDRL re-evaluation of her
conditions, the decision was made to remove her from the TDRL and
permanently retire her with a combined (not added) disability
rating of 70 percent, which included 50 percent for PTSD,
40 percent for chronic low back pain. The IPEB noted that the
adrenal insufficiency had resolved. It was noted in the medical
narrative summary on 10 Mar 10: Pt with h/o corticosteroid-
induced adrenal insufficiency. Currently followed by a civilian
endocrinologist. Corticosteroid replacement was slowly decreased
over several months and was ultimately discontinued in Nov 2009.
Per patients report, a cosyntropin stimulation test resulted in
normal adrenal cortisol response after discontinuation of
prednisone [records are not available at this visit]. Given this
information, pts adrenal insufficiency has likely resolved.
Pts endocrinologist plans to continue following her for the next
2-3 years to ensure adrenal insufficiency does not recur.
On 24 Aug 10, the applicant concurred with the IPEBs
recommendation.
On 19 Sep 10, the applicant was removed from the TDRL, and was
permanently retired with a 70 percent disability rating.
Additional facts relevant to the applicants case are contained
in the evaluations prepared by the Air Force office of primary
responsibility and the BCMR Medical Consultant at Exhibits C & E.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial and states the preponderance of
evidence reflects that no error or injustice occurred during the
disability process or the rating applied at the time of the board
and removal from the TDRL.
While the applicant may continue to require follow-up from her
physicians, the diagnosis alone was not sufficient for the IPEB
to find the condition unfitting for continued service.
It should also be noted that had the applicant felt her adrenal
insufficiency should have been included as an unfitting condition
and rated, she had the right to appeal at the Formal Physical
Evaluation Board (FPEB) and could have appealed their findings to
the Secretary of the Air Force Personnel Council. The applicant
did not exercise either of these appeal rights.
The Department of Defense (DoD) and the Department of Veterans
Affairs (DVA) disability evaluation systems operate under
separate laws. Under Title 10, United States Code (USC),
Physical Evaluation Boards must determine if a members condition
renders them unfit for continued military service relating to
their office, grade, rank or rating. The fact that a person may
have a medical condition does not mean that the condition is
unfitting for continued military service. To be unfitting, the
condition must be such that it alone precludes the member from
fulfilling their military duties. If the Board renders a finding
of unfit, the law provides appropriate compensation due to the
premature termination of their career. Further, the USAF
disability boards must rate disabilities based on the members
condition at the time of evaluation; in essence a snap shot of
their condition at that time. It is the charge of the DVA to
pick up where the AF must, by law, leave off. Under Title 38,
USC, the DVA may rate any service-connected condition based upon
future employability or reevaluate based on changes in the
severity of a condition. This often results in different ratings
by the two agencies.
The complete DPSD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 Apr 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit D).
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The applicant has
not met her burden of proof of an error or injustice that
warrants the desired change of the record.
The IPEB opined based upon the evidence supplied, that the
applicants adrenal insufficiency was no longer unfitting. The
applicants current endocrinologist states she will likely
require continued periodic follow-up of her condition and even
may require treatment at a future date. However, the fact the
applicant will require long-term-follow-up and observation of the
condition and may require treatment at an indeterminate future
date is not determinative of unfitness to serve. Although
conditions justifying initial TDRL placement have generally not
yet been stabilized, the Consultant opines at the time of the
applicants TDRL assessment the adrenal insufficiency had been
reasonably brought under control (no longer required steroid
replacement therapy since Nov 09) to the extent that removing
this as an unfitting condition was appropriate.
The applicant will retain her eligibility to receive disability
compensation by the DVA, for this and her other service connected
medical conditions which were not found unfitting; bearing in
mind that even the DVA may assign a zero percent rating (no
compensation) for a service connected medical condition that no
longer presents a functional impairment or does not meet minimum
disability rating criteria.
The complete BCMR Medical Consultants evaluation is at Exhibit
E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
On 29 Jul 11, a copy of the BCMR Medical Consultant evaluation
was forwarded to the applicant for review and comment within
30 days. To date, a response has not been received. (Exhibit F)
_________________________________________________________________
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 and do not find that it supports a change in her
military record. As indicated by the BCMR Medical Consultant,
the fact the applicant will require long-term-follow-up and
observation of the condition and may require treatment at an
indeterminate future date is not determinative of unfitness to
serve. In this respect, we note that although at the time of her
initial TDRL placement her adrenal insufficiency was found to be
unfitting; at the time of her TDRL reassessment it was reasonably
brought under control, and determined not to be unfitting at the
time. Therefore, we agree with the opinion and recommendation of
the BCMR Medical Consultant and the Air Force office of primary
responsibility and adopt their 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 basis to recommend 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-2010-03405 in Executive Session on 13 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2010-03405 was considered:
Exhibit A. DD Form 149, dated 15 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 21 Mar 11.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.
Exhibit E. Letter, BCMR Medical Consultant, dated 22 Jul 11.
Exhibit F. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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