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AF | BCMR | CY2011 | BC-2011-04675
Original file (BC-2011-04675.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04675 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His service-connected medical condition, heart disease, be 
assessed as combat related in order to qualify for compensation 
under the Combat Related Special Compensation (CRSC) Act. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He had a change in his Agent Orange benefit that now includes 
heart disease. In addition, he has been on 50 mg of Zoloft for 
many years for his anxiety. 

 

In support of his request, the applicant provides a copy of his 
Department of Veterans Affairs (DVA) Rating Decision, a copy of 
his Bronze Star Medal (BSM) Citation, and an article on Agent 
Orange from the DVA. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from the Air Force Reserve on 31 Jul 77 in 
the grade of master sergeant. While serving on active duty he 
served as a Programs and Work Control Superintendent. 

 

The applicant submitted a claim for CRSC for hypertension (since 
his coronary artery disease was included with his hypertension it 
was considered as well); however, his application was disapproved 
on 12 Apr 05. 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 applicant’s 
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. 

 

In accordance with DD Form 2860, Claim for Combat-Related Special 
Compensation, the fact that the applicant incurred a disability 
in an area of armed conflict or while participating in combat 
operations is not sufficient by itself to support a combat-
related determination. There must be a definite, documented, 
causal relationship between the armed conflict and the resulting 
disability. Although stress can certainly be a contributing 
factor to hypertension, they cannot approve this disability as 
combat related based on stress alone. 

 

Further, when considering chronic conditions, under CRSC 
guidelines, it is difficult to objectively determine a specific 
combat-related event as the direct cause, as opposed to an 
individual’s particular physical makeup. For hypertension to 
qualify for CRSC, it must be either secondary to a combat-related 
condition (such as diabetes or a heart condition contracted by 
exposure to Agent Orange) or presumptive to Prisoner of War (POW) 
internment and this must be so stated in the applicable VA Rating 
Decision. In this case, the documentation provided does not 
reflect a combat-related event as the direct cause of the 
applicant’s hypertension. 

 

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 applicant’s hypertension and coronary artery disease 
have since been separated by the VA, there is no indication that 
his heart condition is not still considered a complication of his 
hypertension. In order to ascertain why the conditions were 
separated and to see if the VA has now determined the applicant’s 
heart condition is related to, or aggravated by, Agent Orange 
exposure, they requested the Rating Decision that separated these 
conditions from both the VA and the applicant. However, they 
have been unable to attain these documents. 

 

The complete DPSDC evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation were forwarded to the 
applicant on 24 Feb 12 for review and comment within 30 days. As 
of this date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 disabilities of hypertension and heart disease are 
combat-related or were incurred as the direct result of armed 
conflict, while engaged in hazardous service, in the performance 
of duty under conditions simulating war, or through an 
instrumentality of war. Therefore, they do not qualify for 
compensation under the CRSC Act. Accordingly, we agree with the 
opinion and recommendation of the Air Force OPR and adopt the 
rationale expressed as the basis for our conclusion 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 
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 AFBCMR Docket 
Number BC-2011-04675 in Executive Session on 4 Sep 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Oct 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSDC, dated 6 Feb 12. 

 Exhibit C. Letter, SAF/MRBR, dated 24 Feb 12. 

 

 

 

 

 

Panel Chair 



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