RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02365
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His compensable disability rating of 10 percent for Crohns
Disease be increased to 30 percent to qualify for a medical
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His Medical Evaluation Board (MEB) disability rating is unjust
for multiple reasons. All of his medical records were not
included in his MEB and only the information from his base
physician was reviewed. The Crohns disease specialists notes
should have been added. He requested the information be included
in the MEB process, but was informed the information would not be
included. He was hospitalized twice during the MEB process and
that information was not included for review.
His medical records from St Marys hospital indicate Crohns
disease infected his organs. Although infections are not normal
symptoms of Crohns, it proves the unique severity of the
disease. He was removed from Cimzia injections, a medication
used for moderate to severe Crohns disease; however, he has not
entered remission.
He feels his disability rating is low based on the severity of
Crohns disease and how the autoimmune process affected him. He
received high doses of prednisone which has multiple negative
long term effects. He would like a specialist to review his
records to reevaluate his disability rating.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Aug 00, the applicant enlisted in the Regular Air Force.
According to DPSDs letter, dated 3 July 2012, on 11 Jan 11, the
applicants case was reviewed by an Informal Physical Evaluation
Board (IPEB) for Crohns disease. The IPEB recommended his
discharge with severance pay and a 10 percent disability rating
under other than Chapter 61, that the conditions existed prior to
service.
On 7 Feb 11, the applicant non-concurred with the IPEB findings
and requested a formal hearing with counsel. On 9 Mar 11, the
Formal Physical Evaluation Board (FPEB) reviewed the applicants
case and recommended he be discharged with severance pay and a
10 percent disability rating.
On 19 Jan 12, the Secretary of the Air Force Personnel Council
(SAFPC) concurred with the findings and recommendations of the
IPEB and FPEB and directed the applicant be discharged with
severance pay with a disability rating of 10 percent.
On 27 Apr 12, the applicant was honorably discharged for
disability, severance pay, non combat. He served 11 years,
8 months and 27 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial.
DPSD states the USAF disability boards must rate disabilities
based on the members condition at the time of evaluation; in
essence, a snapshot of their condition at that time. While the
members contention that his Crohns disease was well-controlled
by his medication, he felt that his overall condition was not
well described by the rating schedule. He wanted his fatigue,
malnutrition, hemorrhoids, depression and immunosuppression
considered when his disability was rated. SAFPC appreciated the
combined effects of the conditions, but could not rate them
separately because there was no medical documentation that the
conditions were separately unfitting.
A review of the applicants Veterans Administration Schedule for
Rating Disabilities (VASRD) code 7323 revealed a rating of 10
percent disability when the symptoms are moderate with
infrequent exacerbations. This rating best described his
symptoms under his current treatment plan. On 1 Dec 11, during
the applicants visit to his primary care provider, there was no
other mention of symptoms of Crohns Disease.
The complete DPSD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In a three-page response, the applicant reiterates much of his
earlier contentions. He also notes the VASRD code 7323 indicates
that to receive a 30 percent disability rating an individual
would need to have moderately severe disease with frequent
exacerbations while a 10 percent rating consists of a moderate
disease with infrequent exacerbations.
He notes the entire four months prior to his last medical
appointment was spent visiting emergency rooms, multiple doctors
or specialist, the intensive care unit, on quarters or hospital
admission due to the exacerbations of Crohns disease.
The applicants complete submission is at Exhibit E.
_________________________________________________________________
ADDITIONAL APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the Department Veterans Affairs (DVA) rated
his Crohns disease at 30 percent. The DVA did not rate his
autoimmune disorder which is a part of Crohns. He submits a
copy of this DVA Rating decision for review.
The applicants complete submission, with attachment, is at
Exhibit F.
_________________________________________________________________
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 an error or injustice. The
applicant contends that his disability rating is unjust and that
all the medical records were not included in the MEB process.
However, after a careful review of the evidence of record, we do
not find that the evidence supports his contentions. Therefore,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has
failed to sustain his burden that he has suffered either an error
or an injustice. While the applicant argues that all of his
medical documentation was not considered by the MEB, he has not
provided sufficient evidence to substantiate his claim. The
evidence reflects the MEB considered his fatigue, malnutrition,
hemorrhoids, depression and immunosuppression when rating his
disabilities; stating they could not be rated separately as there
was no medical documentation that these diseases were separately
unfitting. Therefore, only his Crohns disease was rated
unfitting (10 percent) and we agree that this rating best
describes the applicants condition at the time of his
separation. In further support of his request, the applicant
provides a copy of his DVA rating decision and notes the DVA
rated his disease at 30 percent using the same guidelines and
information as the Air Force. The applicant must realize that
while the Air Force is required to rate disabilities in
accordance with the DVA Schedule for Rating Disabilities, the DVA
operates under a totally separate system with a different
statutory basis. In this respect, the DVA rates for any and all
service-connected conditions, to the degree they interfere with
future employability, without consideration of fitness. Whereas,
the Air Force, upon a finding of unfitness, rates a member's
disability based on the degree of severity at the time of
separation. In view of the above, we find that the applicant's
case was properly evaluated and that he received full and fair
consideration under the applicable directives. Absent persuasive
evidence that the applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate
standards were not applied, we find no basis upon which to
favorably consider 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 in
Executive Session on 20 Feb 13, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-02365:
Exhibit A. DD Form 149, dated 27 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 3 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12.
Exhibit E. Letter, Applicant, dated 2 Aug 12, w/atchs.
Exhibit F. Letter, Applicant, undated, w/atchs.
Panel Chair
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