RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02719
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His permanent compensable disability rating of 30 percent should
be increased to 50 percent and made retroactive to his
retirement date.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
At retirement, he should have been rated at 50 percent for Post-
Traumatic Stress Disorder (PTSD); which is more consistent with
the 100 percent compensable disability rating received from the
Department of Veterans Affairs (DVA) and the Social Security
Administration (SSA).
In support of his appeal, the applicant provides copies of his
SSA Decisional documents and his military retirement orders.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, prior to his disability
retirement processing, the applicant was rated by the DVA with a
compensable disability rating of 100 percent on 16 Feb 07.
The applicant was processed through the Disability Evaluation
System (DES) and his case was referred to the Informal Physical
Evaluation Board (IPEB) for PTSD. The IPEB recommended the
applicants name be placed on the Temporary Disability Retired
List (TDRL) with a compensable disability rating of 50 percent,
and reevaluation in six months. The applicant nonconcurred and
requested his case be referred to the Formal PEB (FPEB). The
FPEB concurred with the placement on the TDRL with a compensable
rating at 50 percent. The applicant nonconcurred and requested
his case be submitted to the Secretary of the Air Force
Personnel Council (SAFPC) for consideration. The SAFPC
concurred with the findings of the FPEB and directed the
applicant be placed on the TDRL.
The Informal Physical Evaluation Board (IPEB) recommended
removing the applicant from the TDRL and that he be permanently
retired with a compensable disability rating of 30 percent.
The applicants name was removed from the TDRL on 12 Jun 11, and
he was permanently disability retired with a compensable rating
of 30 percent.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, stating, in part, the preponderance
of evidence reflects that no error or injustice occurred during
the disability process or the rating applied at the time of the
boards. They defer to the Board to determine if the applicant
should have been awarded a higher percentage of disability when
removed from TDRL.
DPSD notes that as background, the Department of Defense (DoD)
and the Department of Veterans Affairs (DVA) disability
evaluation systems operate under separate laws. Moreover, the
DVA rates service connected disabilities in an on-going fashion.
By contrast, the service Physical Evaluation Boards (PEBs) rate
only the unfitting disability as it exists at the time of the
board. As such, they did not find the fact that the DVA
subsequently rated his condition differently than did the Air
Force to be remarkable, uncommon, nor in any way evidence that
the Air Force rating was incorrect or unjust. Moreover, it is
noteworthy that three separate Boards reviewed this case and
rendered essentially the same findings; the DoD is not required
to match a rating by the DVA.
The complete AFPC/DPSD evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Sep 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. The Air Force
office of primary responsibility (OPR) has provided a thorough
review of the applicants case and has adequately addressed the
issues presented, and we are in agreement with the OPRs opinion
and recommendation. With respect to the applicants request for
a change in his permanent compensable disability rating, we did
not find the evidence provided sufficient to overcome the OPRs
assessment of the case. In addition, we note the applicant was
given three levels of review prior to the determination to
separate him at the compensable rate of 30 percent. While we
note that the disparity between the applicants rating by the
DVA and the MDES utilizing the same VASRD; based on the
available evidence of record and noting that different
evaluators can come to different assessments of the severity of
same condition at any given time based on noted medical factors,
the evidence of record indicates the applicants condition had
improved at the time it was assessed at reevaluation on the
TDRL. Therefore, we are not inclined to disturb the evaluation
conducting by military officials who were closely involved in
rating the applicant at the time this determination was made.
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-2011-02719 in Executive Session on 29 March 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 26 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11.
Panel Chair
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