Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-02259
Original file (BC-2011-02259.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02259 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His diagnosis of follicular carcinoma of the thyroid, with 
subsequent total thyroidectomy, be included in his Air Force 
disability rating computation. 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His misdiagnosed sleep apnea was used during his Medical 
Evaluation Board (MEB) process. 

 

His diagnosis of follicular carcinoma of the thyroid should 
have been used for the MEB. 

 

In support of his request, the applicant provides copies of his 
medical records and a statement from the Endocrinology, 
Diabetes and Metabolism clinic. 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Special Order ACD-00787 issued 11 Mar 2009 established 26 May 
2009 as the applicant’s temporary retirement date. He was 
subsequently permanently retired in the grade of technical 
sergeant via Special Order ACD-01300 on 5 May 2010 with an 
effective date of 25 May 2010. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force at Exhibits C and E. 

 

_______________________________________________________________ 

 


 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSD recommends denial of the applicant's request to 
have his condition included in his Air Force disability rating 
computation. Conversely, DPSD agrees with the applicant's 
contention that his condition should have been included in his 
original MEB and been reviewed by the IPEB as a potentially 
unfitting condition. However, after reviewing new evidence 
provided by the applicant pertaining to his thyroid condition, 
DPSD does not believe the Informal Physical Evaluation Board 
(IPEB) would have found this condition to be separately 
unfitting. The IPEB has traditionally not found other members 
with this condition unfit for continued military service. 

 

Under Title 10, USC, Physical Evaluation Boards must determine 
if a member's condition renders him unfit for continued 
military service relating to their office, grade, rank or 
rating. In this particular case, his thyroid condition was not 
submitted by the MEB as a boardable condition. 

 

HQ AFPC/DPSD states, the IPEB first adjudicated the applicant's 
case on 23 Feb 2009. The applicant received an overall rating 
of 90 percent for the conditions adjudicated as unfitting by 
the IPEB and was placed on the Temporary Disability Retired 
List (TDRL). These conditions were all classified as combat 
related. The applicant's thyroid condition was not rated by 
the IPEB since it was not included in his MEB package. 
Additionally, the IPEB did not see other medical documentation 
to indicate his thyroid condition was potentially unfitting. 
The IPEB reviewed his completed TDRL reevaluation on 19 Apr 
2010, and recommended permanent retirement with an overall 
disability rating of 80 percent. Since the thyroid condition 
was not found to be unfitting during his initial IPEB 
adjudication, this condition was not reviewed or rated during 
the TDRL reevaluation. 

 

DPSD states, the applicant could have appealed the IPEB 
findings to the Formal Physical Evaluation Board. The 
applicant did not exercise this appeal right. 

 

The complete DPSD evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends the administrative 
adjustment of the applicant's AF Form 356, Findings and 
Recommended Disposition of the USAF Physical Evaluation Board, 
to reflect his thyroid condition was considered by the IPEB, 
but with denial of its inclusion as an unfitting condition in 
the military disability rating computation; neither initially 
or at the time of his removal from the TDRL. 

 

The Medical Consultant agrees the applicant's follicular 
carcinoma of the thyroid, and residual requirement for thyroid 
replacement should have been considered by the IPEB, but 
emphatically believes the condition would not have been found 
individually unfitting for inclusion in his military disability 


rating computation. The Medical Consultant, otherwise, opines 
the applicant has not met the burden of proof of an error or 
injustice that warrants the completely desired change of the 
record. 

 

The Consultant opines the condition should have been included 
in the MEB, even if only to document that the condition 
existed, that the applicant had received surgical treatment, 
and that he required leva-thyroxine (Synthroid) replacement 
therapy; although, again, likely listed among conditions not 
considered unfitting on the AF Form 356. Therefore, the 
Medical Consultant recommends an administrative correction of 
the record amending the applicant's AF Form 356 to reflect the 
following listed under Category II, a compensable condition 
that is currently not unfitting: "Hypothyroidism, under 
replacement therapy (Synthroid), status-post total 
thyroidectomy and 1-131 ablation, for follicular carcinoma." 

 

The complete BCMR Medical Consultant’s evaluation is at Exhibit 
E. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 10 Feb 2012 and 26 Mar 2012, for review and 
comment within 30 days. As of this date, this office has 
received no response (Exhibits C and 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 of an 
error or injustice regarding the applicant’s request to include 
his diagnosis of follicular carcinoma of the thyroid, with 
subsequent total thyroidectomy, in his Air Force disability 
rating computation. We took notice of the applicant's complete 
submission in judging the merits of the case; however, we agree 
with the opinions and recommendations of the Air Force offices 
of primary responsibility and adopt their rationale as the 
basis for our conclusion the applicant’s condition at the time 
of his discharge does not warrant a change in his disability 
rating computation. 

 

4. Notwithstanding our findings above, we believe sufficient 
evidence has been presented to warrant partial relief. In this 
regard, we note the BCMR Medical Consultant recommends the 
applicant’s AF Form 356, be administratively adjusted to add 
the applicant’s medical condition of follicular carcinoma to 


Category II of his AF Form 356 and we agree with his assessment 
in this case. Therefore, we recommend his records be corrected 
to the extent indicated below. 

 

_______________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to reflect his AF Form 
356, Findings and Recommended Disposition of USAF Physical 
Evaluation Board, dated 23 Feb 2009, Block 9A, Diagnosis, 
Category II, “Conditions that can be unfitting but are not 
currently compensable or ratable:” be amended to add 
"Hypothyroidism, under replacement therapy (Synthroid), status-
post total thyroidectomy and 1-131 ablation, for follicular 
carcinoma.” 

 

_______________________________________________________________ 

 

The following members of the Board considered this application 
in Executive Session on 10 May 2012, under the provisions of 
AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-02259: 

 

 Exhibit A. DD Form 149, dated 17 May 2011, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSD, dated 26 Jan 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Feb 2012. 

 Exhibit E. Letter, BCMR Medical Consultant, dated 26 Mar 2012. 

 Exhibit F. Letter, SAF/MRBC, dated 26 Mar 2012. 

 

 

 

 

 

 Panel Chair 


 

AFBCMR BC-2011-02259 

 

 

 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that: 

 

The pertinent military records of the Department of the Air Force relating to the 
APPLICANT be corrected to reflect his AF Form 356, Findings and Recommended Disposition 
of USAF Physical Evaluation Board, dated 23 Feb 2009, Block 9A, Diagnosis, Category II, 
“Conditions that can be unfitting but are not currently compensable or ratable:” be amended to 
add "Hypothyroidism, under replacement therapy (Synthroid), status-post total thyroidectomy 
and 1-131 ablation, for follicular carcinoma.” 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-01532

    Original file (BC-2004-01532.doc) Auto-classification: Denied

    At the time of her evaluation, the only condition that rendered the applicant unfit for military service was migraine headaches rated at 10 percent resulting in disability discharge with severance pay. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 05 for review and comment within 30 days. Novel, Panel Chair Mr....

  • AF | PDBR | CY2009 | PD2009-00328

    Original file (PD2009-00328.docx) Auto-classification: Denied

    The CI was referred to the Physical Evaluation Board (PEB), found unfit only for the one condition, determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. This finding is therefore not included when determining the rating at the time of separation form service. At the time of separation from service the CI was on Synthroid and had symptoms...

  • AF | PDBR | CY2011 | PD2011-00946

    Original file (PD2011-00946.docx) Auto-classification: Approved

    Therefore the Board concluded the CI’s persisting fatigue condition was appropriately rated by the PEB and that rating under the code for chronic fatigue syndrome was not warranted. An MEB examination on 26 January 2006, noted the condition was “doing some better.” Medical records after separation show continued problems with the condition and recommendation for surgery in 2007. In the matter of the chronic neck pain condition, the Board unanimously recommends that it be added as an...

  • ARMY | BCMR | CY2013 | 20130017129

    Original file (20130017129.txt) Auto-classification: Denied

    On 25 January 2012, an informal PEB found him unfit for his thyroid and major depressive conditions and awarded him a combined 70 percent permanent disability rating (70 percent for depression and 10 percent for post thyroidectomy). The PEB rated his conditions under the VASRD at combined rating of 70 percent and recommended a permanent disability retirement. After his disability retirement the applicant underwent a VA physical examination in which he was evaluated for several medical...

  • AF | PDBR | CY2013 | PD-2013-02672

    Original file (PD-2013-02672.rtf) Auto-classification: Approved

    The MEB also identified and forwarded three other conditions.The InformalPEBadjudicated hypothyroidism to include arthralgia, and bilateral plantar fasciitis as unfitting, rated 10%, and 0% respectfullywith application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD)...

  • AF | BCMR | CY2012 | bc 2012 01218

    Original file (bc 2012 01218.txt) Auto-classification: Denied

    In support of her request, the applicant provides a personal statement, copies of a letter from her civilian medical provider, extracts from her medical records, AF Form 356, and other various documents in support of her application. On 29 Apr 11, the IPEB reviewed the applicant’s case, found her unfit and recommended she be removed from the TDRL and discharged with severance pay with a compensable disability rating of 10 percent for chronic law back pain in accordance with the Veterans...

  • AF | PDBR | CY2012 | PD2012 01905

    Original file (PD2012 01905.rtf) Auto-classification: Denied

    Ratings for unfitting conditions will be reviewed in all cases. The VA then rated this condition separately for 10% under code 7804-7903 for scars and hypothyroidism retroactive to the date of separation. In the matter of the contended Hashimoto’s thyroiditis and secondary hypothyroidism conditions, the Board unanimously recommends no change from the PEB determination as not unfitting.There were no other conditions within the Board’s scope of review for consideration.

  • ARMY | BCMR | CY2004 | 2004101353C070208

    Original file (2004101353C070208.doc) Auto-classification: Denied

    Counsel states that the applicant requested his case be heard by a formal Physical Evaluation Board (PEB) and that he be retired by reason of disability due to both chronic leukemia and hypothyroidism. Counsel provides the DA Form 199 (Physical Evaluation Board (PEB) Proceedings) for the formal PEB and related formal PEB documents; the applicant's appeal of the PEB findings; the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty); an extract from the Merck Manual...

  • AF | PDBR | CY2012 | PD 2012 01086

    Original file (PD 2012 01086.txt) Auto-classification: Denied

    The contended conditions adjudicated as not unfitting by the PEB were DDD (cervical spine), hypothyroidism and primary biliary cirrhosis. At the MEB NARSUM examination, the condition was controlled with medication. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record xxxxxxxxxxxxxxxxxxxxxxxxx, DAF Director of Operations Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (TAPD-ZB / xxxxxxxxxxxxxx), 2900...

  • AF | BCMR | CY2010 | BC-2010-04745

    Original file (BC-2010-04745.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04745 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Air Force (AF) Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, be changed to reflect “yes” in Section 10, Item C, Disability was the direct result of Armed Conflict or was caused by an Instrumentality of War and...