DOCKET NUMBER:  BC-2012-01249 
COUNSEL:  NONE 
HEARING DESIRED: NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
 
    
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
She be medically retired and placed on the Permanent Disability 
Retirement  List  (PDRL)  with  a  disability  rating  of  100  percent 
effective  29  April  2009,  the  date  of  the  Secretary  of  the  Air 
Force Personnel Council (SAFPC) ruling.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She  was  offered  a  choice  between  electing  discharge  with 
severance pay with a disability rating of 10 percent or transfer 
to  the  Inactive  Status  Reserve  Section  (ISLRS)  for  purpose  of 
applying  for,  and  receiving  retirement  pay  upon  becoming  60 
years  of  age.    She  opted  for  transfer  to  ISLRS  in  lieu  of 
discharge with severance pay.   
 
Upon  leaving  the  Air  Force  she  applied  for  Department  of 
Veterans  Affairs  (DVA)  compensation  on  17  December  2009.    The 
DVA conducted exams, reviewed her military medical documents and 
determined  that  she  had  service-connected  disabilities  of:  TBI 
w/cognitive  disorder  –  70  percent;  major  depressive  disorder 
(MDD)  w/anxiety  disorder  (NOS)  –  30  percent  and  migraine 
headaches – 30 percent.   
 
The Physical Evaluation Boards (PEB) addressed these conditions 
but  failed  to  recommend  compensation  for  them.    In  fact  they 
were discounted by the Boards and SAFPC.  The PEBs did not fully 
diagnose  or  explore  her  injuries  and  she  was  not  adequately 
compensated by Air Force.   
 
In support of her request, the applicant provides copies of her 
DVA  rating/decision  letter,  evaluation  Boards  findings,  MEB 
summary,  DD  Form  214,  Certificate  of  Release  or  Discharge  from 
Active Duty and medical records.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A.  
 
________________________________________________________________ 
 
 

 
STATEMENT OF FACTS: 
 
According  to  documents  extracted  from  the  automated  records 
management system (ARMS) the applicant enlisted in the Air Force 
Reserves  on  3  October  1984.    On  31  December  2009  she  was 
released from her, then, current assignment and assigned to the 
HQ  ARPC  Retired  Reserve  section  and  placed  on  the  Retired 
Reserve List awaiting retirement at age 60 (19 July 2026).   
 
The applicant was processed by a Medical Evaluation Board (MEB) 
in  November  2007  after  she  sustained  a  concussion  on 
29 August 2006,  when  she  was  struck  in  the  head  by  an  airplane 
gear  door  and,  as  a  result,  suffered  neurological  symptoms 
(headaches,  dizziness,  nausea  etc…).    On  11  February  2008,  the 
Informal  Physical  Evaluation  Board  (IPEB)  evaluated  the 
applicant’s  case  and  recommended  discharge  with  severance  pay 
with  a  disability  rating  of  10  percent  for  post-concussive 
syndrome  with  headaches,  sleep  disturbance  and  cognitive  and 
memory  complaints  with  a  history  of  four  previous  concussions 
under  the  Veterans  Administration  Schedule  for  Rating 
Disabilities  (VASRD)  codes  8045-9304.    The  applicant  disagreed 
with  the  finding  and  appealed,  through  counsel,  to  the  Formal 
Physical Evaluation Board (FPEB). 
 
On 12 March 2009, the FPEB evaluated the applicant’s case, which 
was  recessed  on  31  July  2008  for  the  purpose  of  obtaining 
additional  medical  information.    The  applicant  presented  a  new 
contention for permanent disability retirement at a compensable 
disability  rating  of  100  percent  for  traumatic  brain  injury  at 
VASRD code 8045.  The FPEB considered the applicant’s contention 
but subsequently recommended discharge with severance pay with a 
disability  rating  of  10  percent  for  cognitive  disorder  NOS 
associated  with  adjustment  disorder  with  mixed  anxiety  and 
depressed  mood,  under  VASRD  codes  9304-9435.    The  applicant 
disagreed with the finding and appealed, through counsel, to the 
Air Force Personnel Council (SAFPC).   
 
The  SAFPC  evaluated  the  applicant’s  case,  with  rebuttal,  on 
29 April  2009  and  considered  the  contentions  but  after  a 
thorough review, recommended discharge with severance pay with a 
disability rating of 10 percent for category I, post-concussion 
syndrome including features of cognitive disorder not otherwise 
specified; category II, stage III serous tumor of low malignant 
potential  of  the  ovary;  and  category  III,  adjustment  disorder 
with mixed anxiety and depressed mood. The Board agreed with the 
applicant’s  contention  to  rate  her  condition  under  VASRD  codes 
8045: residuals of traumatic brain injury.  The Board noted that 
the  facet  with  the  highest  level  of  impairment  is  “subjective 
symptoms.”  The Board found that the examples cited under level 
“1”  are  most  characteristic  of  her  symptoms  of  intermittent 
dizziness, daily mild to moderate headaches, frequent insomnia, 
and  hypersensitivity  to  light.    While  the  applicant  testified 

 

 
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about  the  frequency  and  severity  of  various  symptoms,  no  other 
corroborating  information  was  presented  that  might  be  used  to 
outweigh the available medical documentation.  Memory impairment 
was  not  considered  under  this  VASRD  code  as  testing  indicated 
that  her  perception  of  memory  impairment  was  related  to 
psychiatric  disorder  factors,  not  an  actual  neurological 
impairment, and that the onset of her “attentional difficulties” 
preceded  the  head  injury.    Therefore,  the  Board  found  that  the 
applicant’s  disability  was  properly  rated  at  10  percent  under 
code  8045.    The  Board  found  that  a  combat-related  designation 
was  appropriate,  as  the  applicant’s  injury  was  caused  by  an 
instrumentality  of  war  while  she  was  performing  her  official 
duties.   
 
_______________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSD  recommends  denial.    DPSD  states  the  preponderance  of 
evidence reflects that no error or injustice occurred during the 
disability process.   
 
The  Department  of  Defense  (DoD)  and  Department  of  Veterans 
Affairs  (DVA)  disability  evaluation  systems  operate  under 
separate  laws.    Under  Title  10,  U.S.C.,  Physical  Evaluation 
Boards must determine if a member’s condition renders them unfit 
for continued military service relating to their office, grade, 
rank  or  rating.    The  fact  that  a  person  may  have  a  medical 
condition  does  not  mean  that  the  condition  is  unfitting  for 
continued military service.  To be unfitting, the condition must 
be such that it alone precludes the member from fulfilling their 
military duties.  If the Board renders a finding of unfit, the 
law  provides  appropriate  compensation  due  to  the  premature 
termination of their career.  Further, it must be noted the USAF 
disability  boards  must  rate  disabilities  based  on  the  member’s 
condition  at  the  time  of  evaluation;  in  essence  a  snapshot  of 
their  condition  at  that  time.    It  is  the  charge  of  the  DVA  to 
pick up where the AF must, by law, leave off.  Under Title 38, 
the  DVA  may  rate  any  service-connected  condition  based  upon 
future  employability  or  reevaluate  based  on  changes  in  the 
severity  of  a  condition.    This  often  results  in  different 
ratings by the two agencies.   
 
The complete AFPC/DPSD 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 27 April 2012 for review and comment within 30 days 
(Exhibit D).  To date, this office has not received a response.  
 

 

 
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________________________________________________________________ 
 
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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Therefore, 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  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  this  application 
BC-2012-01249  in  Executive  Session  on  18  December  2012,  under 
the provisions of AFI 36-2603: 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 3 March 2012, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSD, dated 25 April 2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 27 April 2012 
 
 
 
 
                                     
                                   Panel Chair 
 

  Panel Chair 
  Member 
  Member 

 
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