RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                   DOCKET NUMBER: BC-2013-05224	
	   	  		    COUNSEL:  NONE
     	  			    HEARING DESIRED:  NO

________________________________________________________________ 

APPLICANT REQUESTS THAT:

His diagnosis of stress related pseudo-seizures be included as 
an unfitting and compensable condition.   

________________________________________________________________ 

APPLICANT CONTENDS THAT:

His AF Form 356, Findings and Recommended Disposition of USAF 
Physical Evaluation Board, dated 14 May 09, included depression 
as a Category II, Condition that can be unfitting but was not 
compensable or ratable at the time. 

The Department of Veterans Affairs (DVA) rated him at 30 percent 
for anxiety disorder.

In support of his request, the applicant provides copies of his 
DVA rating decision, AF Form 356, and AF IMT 348, Line of Duty 
Determination.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.  

________________________________________________________________ 

STATEMENT OF FACTS:

According to AF IMT 618, Medical Board Report, a Medical 
Evaluation Board (MEB) convened on 5 Nov 08 and referred the 
applicant to the Informal Physical Evaluation Board (IPEB) for 
diagnosis of peripheral autonomic neuropathy.

According to Special Order ACD-01674 dated 23 Jul 09, the 
applicant was placed on the Temporary Disability Retired List 
(TDRL) in the grade of Technical Sergeant (TSgt, E-6) with a 
compensable percentage for physical disability of 30 percent. 

Per AF Form 356 dated 13 May 11, the IPEB recommended the 
applicant be retired with a 30 percent disability rating for 
diagnosis of incomplete, moderate ulnar neuritis right hand.

According to Special Order ACD-02491 dated 16 Jun 11, the 
applicant was removed from the TDRL effective 6 Jul 11 and 
retired in the grade of TSgt with a compensable rating of 
30 percent for physical disability. 

________________________________________________________________ 

AIR FORCE EVALUATION:

The Physical Disability Board of Review (PDBR) Special Review 
Panel (SRP) recommends there be no change of the applicant’s 
disability and permanent disability retirement determination.  
After careful review of the evidence, the panel members 
concluded there was no indication that the mental health 
conditions, although contended by the applicant for the DVA 
rating, significantly interfered with satisfactory duty 
performance.  The SRP concluded that there was insufficient 
cause to recommend addition of any unfitting mental health 
condition and therefore no additional disability ratings can be 
recommended.

According to his medical treatment records he sought care on   
22 Apr 06 while in Qatar for three episodes of shaking inside 
(which the applicant described as feeling like he was going to 
have a seizure).  He returned to the United States and was 
evaluated by his family physician and a civilian neurologist who 
found no underlying medical cause for the shaking episodes. The 
neurologist diagnosed probable anxiety attacks with associated, 
hyperventilation, and made a referral to psychiatry.  

On 21 Jun 06, the applicant reported on his post deployment 
health assessment he had been getting anxiety attacks after his 
deployment and was receiving treatment. 

On 18 Jun 07, a mental health entry noted diagnosis of 
depression, ADHD-inattentive type and partner relational 
problem.  The applicant reported his “panic attacks” had 
improved, his anger had diminished, there were periods of 
depressed feelings, but the episodes were less frequent and less 
severe.  His ADHD symptoms had also improved. 

At the time of processing through the Disability Evaluation 
System (DES), depressive disorder, but not anxiety disorder, was 
listed by the PEB.  The SRP however concluded that this 
indicated the PEB did consider the anxiety disorder since it was 
associated with the depressive disorder diagnosis and the PEB 
had the service treatment records for review in reaching the not 
unfit determination.  At the time of the PEB removing the 
applicant from the TDRL and permanent disability retirement, no 
mental health diagnoses were listed; therefore the depression 
and anxiety were appropriately not considered by the PEB at the 
time of removal from TDRL and permanent disability disposition.  
The SRP noted the mental health conditions were never profiled.  
The applicant therefore did not meet the inclusion criteria in 
the Terms of Reference of the Mental Health Diagnosis Review 
Project.  

The complete PDBR SRP evaluation is at Exhibit C.  

_____________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Nov 13, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days (Exhibit D).  
As of this date, this office has not received a response.

________________________________________________________________ 

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 and do not find that it supports a determination that 
he was improperly separated from active duty. The DES 
established to maintain a fit and vital fighting force can by 
law under 10 U.S.C. only offers compensation for those service 
incurred diseases or injuries which specifically rendered a 
member unfit for continued active service and were the cause for 
career termination; and then only for the degree of impairment 
present at the “snap-shot” time of final military disposition 
and not based on future occurrences.  On the other hand, the 
DVA, operating under a different set of laws, 38 U.S.C., is 
authorized to offer compensation for any medical condition 
determined service incurred, without regard to its demonstrated 
or proven impact upon a service member’s fitness for continued 
service.  This is the reason why an individual can be found fit 
for release from active military service for one reason and yet 
receive a compensation rating from the DVA for one or more other 
conditions found service connected that was not proven 
militarily unfitting during service or at the time of release 
from military service. Therefore, we agree with the opinion and 
recommendation of the Physical Disability Board of Review (PDBR) 
Special Review Panel (SRP) and adopt the rationale expressed as 
the basis for our conclusion that the applicant has failed to 
sustain his burden of proof that he has been the victim of an 
error or injustice.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to favorably consider 
the applicant’s request.

________________________________________________________________ 
THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
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 Docket Number BC-
2013-05224 in Executive Session on 28 Aug 14, under the 
provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered: 

    Exhibit A.  DD Form 149, dated 17 Apr 13, w/atchs.  
    Exhibit B.  Applicant’s Master Personnel Records
    Exhibit C.  Letter, PDBR SRP, dated 18 Oct 13, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 13.