RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03982
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Psychotic Disorder/
Schizophrenia, be reevaluated as combat-related in order to
qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
________________________________________________________________
APPLICANT CONTENDS THAT:
While serving in Vietnam, he had to be removed from combat
because of his schizophrenia. His medical condition is related
to being in an hostile environment in a combat mode daily, to
include being in the combat setting of shooting, being shot at,
and the constant bombing and news of many being killed on a
daily basis.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 Aug 67, the applicant commenced his enlistment in the
Regular Air Force.
On 23 Jul 70, the applicant underwent a medical evaluation board
(MEB) for mental illness. He was diagnosed with schizophrenic
reaction, paranoid type, chronic, moderate, in partial remission
as manifested by loose associations, paranoid ideations, extreme
feelings of hostility and anxiety; heart murmur, and acne. The
MEB referred the applicants case to the Physical Evaluation
Board (PEB).
On 3 Aug 70, the PEB diagnosed the applicant with schizophrenic
reaction, chronic, paranoid type, definite impairment of social
and industrial adaptability. The PEB recommended placement on
the temporary disability retirement list (TDRL) with a
30 percent disability rating. On 6 Aug 70, the applicant
concurred with the findings and recommendation of the PEB. On
29 Aug 70, the applicant was placed on the TDRL with a
30 percent disability rating.
On 29 Feb 72, the applicant underwent a TDRL reevaluation. He
received a diagnosis of schizophrenic reaction, paranoid type,
chronic, definite impairment of social and industrial
adaptability and a recommendation to be retained on the TDRL
with a 30 percent disability rating. On 11 Apr 72, the
Secretary of the Air Force (SAF) directed the applicant be
retained on the TDRL.
On 28 Aug 73, the applicant underwent a second TDRL revaluation
which determined his medical condition had not improved and that
he be retained on the TDRL with a 30 percent disability rating.
On 15 Oct 73, the SAF retained the applicant on the TDRL.
On 27 Dec 08, according to documentation provided by the
applicant, the DVA diagnosed the applicant with psychotic
disorder with a 50 percent disability rating, effective 15 Jul
08. The DVA determined applicants symptoms did not meet the
criteria for Schizophrenia.
The CRSC program was established to provide compensation to
certain retirees with combat-related disabilities that qualify
under the established criteria. If the former service member
fails to satisfy the preliminary CRSC criteria, no further
consideration by their service department is required and the
claim will be denied. If the service member satisfies the
preliminary CRSC criteria, the request is reviewed for combat
related determination.
The applicant submitted a claim for CRSC for his Psychotic
Disorder/Schizophrenia. On 6 Mar 09, the CRSC Board denied his
request noting there was no evidence to confirm his Psychotic
Disorder was the direct result of a combat related event or
events. The applicant twice appealed the CRSC Boards decision
and his appeals were denied on 18 Mar 13 and 2 Jul 13.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFDC recommends denial noting the applicants medical
condition does not meet the mandatory criteria for compensation
under the CRSC program. The documentation provided does not
confirm the applicants mental health condition was the direct
result of a combat related event.
Although the applicant was diagnosed with schizophrenia, the DVA
changed his medical condition to psychotic disorder. The
applicant was not diagnosed with post-traumatic stress disorder
(PTSD). In order for a mental health condition to be approved
for CRSC, the Board looks for documentation showing a direct
link to a combat related factor rather than from routine causes
or an individuals particular physical make up. The applicants
request did not contain any definitive evidence to confirm his
schizophrenia or psychotic disorder were the direct result of a
combat related event._
The DVA awards serviced-connected disabilities based on their
standards. The DVA resolves doubt in the interest of the veteran
and grants service connection for injuries or diseases incurred
while in the service. While service connection is required for
initial eligibility for CRSC consideration, CRSC guidance requires
objective documentary information in order to support a combat
related determination. Each service will determine whether a
disability is combat related using the definitions and criteria
set forth in DD Form 2860, Claim for Combat-related Special
Compensation (CRSC).
A complete copy of the AFPC/DPFDC 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 31 Mar 14, for review and comment within 30 days (Exhibit C).
As of this date, no response has been received by this office.
________________________________________________________________
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 an injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our decision the
applicant is not 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 an 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-2013-03982 in Executive Session on 20 May 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFDC, dated 6 Mar 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 31 Mar 14.
Panel Chair
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