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 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.
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
individuals 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
applicants 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 applicants 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 applicants
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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