RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05243
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

His compensable disability rating of 30 percent from the 
Informal Physical Evaluation Board (IPEB) be increased.  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

His disability rating should be increased due to secondary 
injuries to his ankle and back; problems that were brought on 
due to hip replacement surgery.

In 2011, the Department of Veterans Affairs (DVA) determined 
that the applicant should receive a compensable disability 
rating of 10 percent for a right ankle disorder.  

In support of his appeal, the applicant provides a personal 
statement and a copy of his DVA Decisional document.

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

________________________________________________________________

STATEMENT OF FACTS:

On 24 Sep 04, the applicant, a Technical Sergeant (TSgt) with 
the Air Force Reserve, while serving on Extended Active Duty 
(EAD) at Ft. Polk, LA, was exiting a military vehicle, stepped 
on a stone twisting his leg and reinjuring his hip.  On 1 Oct 
04, a Line of Duty Determination (LOD) found that the 
applicant’s injury was In the LOD (ILOD).  The LOD indicated the 
applicant had a history of arthritis with a planned hip 
replacement in Nov and was experiencing more pain with everyday 
activities.  Medical providers recommended the applicant follow-
up with his doctor once he returned to Eglin AFB, FL.  On 24 Sep 
04, the applicant was released from active duty.

On 12 Jul 05, a Medical Evaluation Board (MEB) was conducted and 
the applicant was placed on EAD orders.  

On 6 Feb 06, the applicant was released from active duty with a 
reason for separation of disability, permanent.  

On 7 Feb 06, the applicant was relieved from his Air Force 
Reserve assignment, under the provisions of AFI 36-3212, 
Physical Evaluation for Retention, Retirement, and Separation.  

On 8 Feb 06, the applicant was disability retired with a 
compensable disability rating of 30 percent.  He was credited 
with 18 years, 10 months, and 28 days of service for basic pay, 
including 10 years, 5 months, and 15 days of active service for 
retirement.

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THE AIR FORCE EVALUATION:

AFPC/DPSD recommends denial, stating, in part, that the 
preponderance of evidence reflects that no error or injustice 
occurred during the disability process or at the time of 
separation.  

Because the applicant was a member of the Air Force Reserve, the 
records of his evaluation by the PEBs are not contained in 
Automated Records Management System (ARMS) and thus are not 
available.  As such, the only records available in conducting 
his review are the dates reflected in the Military Personnel 
Data system (MilPDS) and the documents provided by the 
applicant.  The sources noted above reflect that the IPEB 
reviewed the case on 14 Dec 05 and determined that the condition 
was unfitting for continued military service and recommended 
permanent retirement with a disability rating of 30 percent for 
his hip replacement.  On 7 Dec 05, the applicant concurred with 
the IPEB.  On 17 Jan 06, Special Order ACD-00348 was issued that 
established 8 Feb 06 as the retirement date.

The documentation provided by the applicant to support the claim 
for a higher rating is limited to a partial copy of his latest 
VA rating.  The document dated 22 Apr 13, shows that his right 
ankle was given a 10 percent rating effective 26 Jan 11.

In addition, DPSD noted the differences between the Military 
Disability Evaluation System (MDES) and the DVA DES and how both 
systems operate under two separate laws and in concert to 
provide complete disability evaluation of service-connected 
medical conditions.  

The complete DPSD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant reiterated his original contentions that the 
injuries secondary to his hip replacement requires an increase 
to his initial rating determination because he has additional 
health issues resulting from the initial hip surgery.

He has documented back and ankle pain due to one leg being 
shorter than the other.  He has been prescribed pain medication 
to include a shoe lift and although this helps he still has 
severe pain and must limit all activities that include prolong 
standing or walking. 

In further support of his appeal, the applicant provides his 
doctor’s medical notes.

The applicant’s complete response, with attachment, is at 
Exhibit E.

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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 to include the medical documentation provided in 
support of his request; however, the applicant’s case has 
undergone an exhaustive review by the Air Force Office of 
Primary Responsibility (OPR) and we do not find the evidence 
presented sufficient to overcome its assessment of the case.  In 
addition, while the applicant asserts that the initial rating 
decision was made based on his condition at the time and his 
condition has worsened over time, as noted by the OPR, the 
Military Disability Evaluation System (MDES) only offers 
compensation for the medical condition that is the cause for 
career termination; and then only to the degree of impairment 
present at the time of final disposition or military separation.  
Conversely, the Department of Veterans Affairs (DVA) operates 
under a separate set of laws which takes into account the fact 
that a person can acquire physical conditions during military 
service that, although not unfitting at the time of separation, 
may later progress in severity and alter the individual's 
lifestyle and future employability.  Therefore, we agree with 
the opinion and recommendation of the Air Force OPR and adopt 
the rationale expressed as the basis for our conclusion that the 
applicant has not 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 recommend granting the relief 
sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-05243 in Executive Session on 9 Sep 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 13, w/atchs. 
    Exhibit B.  Pertinent Excerpts from Personnel Records.
    Exhibit C.  Letter, AFPC/DPFD, dated 24 Dec 13.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.
    Exhibit E.  Letter, Applicant, dated 23 Jan 14, w/atch.






									Panel Chair