RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00724
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, bilateral hearing
loss/tinnitus and bilateral pes planus with fibromatosis and
onychomycosis, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His CRSC claim was denied because there was no evidence to
confirm his disabilities were combat-related.
He is eligible for CRSC due to the fact his disabilities were
incurred as a direct result of: (1) An instrumentality of war
(aircraft, combat vehicles, weapons, etc); and (2) Training that
simulated war (exercises, field training, etc.)
He has provided documentation to the CRSC Board and feels he is
not being judged fairly.
In support of his request, the applicant provides a personal
statement, copies of medical documents, deployment orders,
photos, and signed statements from Department of Veterans Affairs
(DVA) doctors and various supervisors and co-workers.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 29 Apr 88, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the
grade of technical sergeant, having assumed that grade effective
and with a date of rank of 1 Sep 03. He served as a Maintenance
Management Production Craftsman, Recruiter, and a Military
Training Instructor. He voluntarily retired from the Air Force
on 30 Apr 08, having served 20 years and 2 days on active duty.
The applicant submitted a claim for CRSC for impaired hearing,
tinnitus and bilateral pes planus with fibromatosis
onychomycosis, and his application was disapproved on 4 Nov 10.
He requested reconsideration, and his request was denied on
15 Feb 11. His application was disapproved based on the fact no
evidence was provided to confirm his disabilities were the direct
result of armed conflict, hazardous service, instrumentality of
war, or simulating war.
To qualify as combat related the service-connected disability
must be either: (1) attributed to an injury for which the Purple
Heart was awarded; or (2) incurred as a direct result of armed
conflict, while engaged in hazardous service, in the performance
of duties under conditions simulating war, or through an
instrumentality of war; as determined under criteria prescribed
by the Secretary of Defense.
The CRSC program was established to provide compensation to
certain retirees with Combat-Related disabilities that qualify
under the criteria set forth in Title 10, United States Code, (10
U.S.C.) Section 1413a.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states the applicants
conditions do not meet the mandatory criteria for compensation
under the CRSC program as outlined under the provisions of
10 U.S.C., Section 1413a.
The VA awards service connected disabilities based on their
standards. They resolve doubt in the interest of the veteran and
grant service connection for injuries or diseases incurred while
in service. While service connection for disabilities is
required for initial eligibility for CRSC consideration, CRSC
criteria is more stringent and requires documentation to support
a qualifying combat-related event as the direct cause of a
disability.
When determining if a person qualifies for CRSC due to impaired
hearing or tinnitus, the CRSC Board considers the occupation of
the individual and the continual or direct (close proximity)
exposure to combat-related noise hazards the individual was
subjected to during his or her career. Many specialties may have
occasional or indirect exposure to flight line noise due to the
location of their duty sections (such as the perimeter of the
flight line, entry control points, crossing the flight line,
aircraft hangars or warehouses), or requirements to periodically
spend time on the flight line itself. Based on input from
functional area experts, the CRSC Board determined that the
applicants career field is one of the specialties considered to
have occasional or indirect exposure to qualifying combat-related
noise; therefore, to award CRSC, there must be clear
documentation of an acoustic trauma occurring due to a combat-
related event (an example would be a medical document showing
member is complaining of ringing in ears/hearing loss after
guarding an aircraft overnight while the engine was running.)
Documentation provided does not confirm the applicant incurred an
acoustic trauma from a combat-related event.
By law, determinations of whether a disability is combat-related
will be based on the preponderance of available documentary
information. All relevant documentary information is to be
weighed in relation to known facts and circumstances, and
determinations will be made on the basis of credible, objective
documentary information in the records as distinguished from
personal opinion, speculation, or conjecture. While the
documentation provided reflects foot pain, there is no
confirmation of a combat-related event as the direct cause of the
applicants bilateral pes planus with fibromatosis and
onychomycosis.
The complete DPSDC evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Upon denial of his CRSC application, he resubmitted his claim as
directed with detailed and well documented objective documentary
evidence and information only to have it denied for a second
time.
He met the criteria to be eligible for CRSC; however, the Air
Force CRSC Board fails to recognize his disabilities were a
direct result of his military duty training exercises and were
caused by instruments of war. This is not just his opinion, but,
a fact as stated by several government medical doctors. The
documentation/proof he submitted were overly scrutinized by the
CRSC Board members and then disregarded during the decision by
the Air Force CRSC approving official.
He questioned the CRSC Boards decision and was told he did not
provide documentation regarding decibel loss in both ears. He
did provide this information, in fact, several times. He emailed
the information, and upon review of his hearing tests, he was
told he met the requirements for the hearing loss; however, his
career field does not qualify under the current Air Force CRSC
guidance.
He did not have occasional or indirect exposure to flight line
noises. He was in direct exposure for more than eight years to
flight-line noises and aircraft movement. It is a medical fact
that prolonged exposure to loud sounds is the most common cause
of tinnitus.
He has a disability and provided the required documentation that
meets the CRSC qualifications, and hopes that he will not be
discriminated against because of his career field.
The applicant's complete response 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
available evidence of record and the documentation provided by
the applicant does not support a finding that his service-
connected medical conditions, bilateral hearing loss/tinnitus and
bilateral pes planus with fibromatosis and onychomycosis meet the
mandatory criteria to qualify for compensation under the CRSC
program. While the applicant contends the documentation he
provided clearly shows that he was in direct exposure to flight
line noises and aircraft movement for more than eight years,
after our review of the complete evidence of record, we accept
the recommendation of the Air Force office of primary
responsibility (OPR) to deny the requested relief and adopt its
rationale as the primary basis for our determination the
applicant has not been the victim of error or injustice. In this
respect, the CRSC Board determined the applicants career field
to be one of the specialties considered to have occasional or
indirect exposure to qualifying combat-related noise. Based on
applicable policy, there must be clear documentation of an
acoustic trauma occurring due to a combat-related event. While
the applicant strongly asserts he meets the requirement for CRSC,
we do not find the evidence he provides is sufficient to conclude
the CRSC board erroneously determined he is ineligible for CRSC.
Although the applicant notes the medical evaluation by the
Department of Veterans Affairs, the Air Force is not bound by
their findings or recommendations. We do not dispute that the
applicant may suffer from the medical conditions he raises, but
his Air Force records do not support that his conditions occurred
under circumstances that meet the criteria for award of CRSC
benefits. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend granting the relief sought.
_________________________________________________________________
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-2011-00724 in Executive Session on 24 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 31 Mar 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11.
Exhibit E. Letter, Applicant, dated 21 Apr 11, w/atchs.
Panel Chair
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