RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05867
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His diagnosis of tinnitus and traumatic arthritis of the lumbar 
be assessed as combat-related in order to receive compensation 
under the Combat-Related Special Compensation (CRSC) Act.

________________________________________________________________

APPLICANT CONTENDS THAT:

His tinnitus and arthritis of the lumbar is a result of his 
combat experience while serving in Vietnam.  His constant 
exposure to jet engines running caused his deafness and 
tinnitus.  He injured his back after slipping on ice during a 
simulated combat exercise.

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

________________________________________________________________

STATEMENT OF FACTS:

On 26 Feb 08, the applicant was released from the Retired 
Reserve List and permanently retired, effective 19 Jun 08.  He 
was credited with 30 years, 8 months and 15 days of total 
service for basic pay.

According to a letter dated 18 Mar 13, the applicant’s CRSC 
application for degenerative arthritis of the spine (lumbar) and 
tinnitus was disapproved due to insufficient documentation. The 
letter also stated that his injuries were non-combat related.

On 25 Mar 13, the applicant submitted a VA Form 21-4138, 
Statement in Support of Claim, requesting reconsideration of the 
18 Mar 13 disapproval of his CRSC application.

According to a letter dated 29 Jul 13, the applicant’s CRSC 
reconsideration request for lumbar spine and tinnitus was 
disapproved, as he did not provide any additional information or 
documentation.  

On 12 Aug 13, the applicant submitted a subsequent VA Form 21-
4138, requesting appeal of the 29 Jul 13 disapproval of his CRSC 
application.  

According to a letter dated 28 Aug 13, the applicant’s request 
for appeal of his CRSC application was denied because he 
submitted no new information or documentation to warrant 
approving his lumbar spine injury and tinnitus for CRSC.

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AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial, indicating the applicant’s claim 
does not meet the mandatory criteria for compensation under the 
CRSC program as outlined under Title 10 USC § 1413a and Office 
of the Under Secretary of Defense (OUSD) Guidance.  The 
supporting documentation provided does not confirm a combat-
related event as the cause of his tinnitus, and injuries 
incurred during fire fighter training do not meet simulated war 
criteria.

The CRSC program was established to provide compensation to 
certain retirees with combat-related disabilities that qualify 
under established criteria.  If the veteran fails to satisfy the 
preliminary CRSC criteria, no further consideration by their 
service department is required and the claim will be denied 
accordingly.  If the veteran satisfies the preliminary CRSC 
criteria, the claim is reviewed for combat-related 
determination.

The DVA awards service-connected disabilities based on their 
standards.  They resolve doubt in the interest of the veteran 
and grant service connection for injuries or diseases incurred 
while in service.  While service connection for disabilities is 
required for initial eligibility for CRSC consideration, CRSC 
criteria is more stringent.  CRSC guidance requires objective 
documentary evidence in order to support a combat-related 
determination.  Military Departments 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), Appendix A. 

The applicant contends his tinnitus was caused by exposure to a 
mortar round.  When making combat-related determinations for 
tinnitus, the board looks for documentation confirming instances 
of direct exposure to a combat-related acoustic trauma.  The 
documentation provided does not confirm the applicant sustained 
a combat-related trauma while he was in service.  

The applicant contends his back was injured during military 
training, while carrying “dummies” out of a burning building, 
and from slipping on ice.  When making CRSC determinations due 
to simulating war, the board looks for documentation confirming 
an injury from an active combat training scenario which occurred 
during simulated combat activity during military training.  
Occupational training, such as the fire fighter training to 
which the applicant refers, is not unique to the military or to 
combat.  Additionally, slipping on ice and lifting heavy 
equipment is equally not unique.  Therefore, some other combat-
related event must have occurred that caused or aggravated the 
injury.  The documentation provided does not indicate a combat-
related event caused the applicant’s back condition.

The complete DPFDC evaluation, with attachments, is at Exhibit 
C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 May 14 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
available evidence of record does not support a finding that the 
applicant's service-connected medical condition of tinnitus and 
traumatic arthritis of the lumbar were incurred as the direct 
result of armed conflict, while engaged in hazardous service, in 
the performance of duty under conditions simulating war, or 
through an instrumentality of war; and, therefore, it does not 
qualify for compensation under the CRSC Act.  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 conclusion the applicant has not 
been the victim of an error or injustice.  In the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought.

________________________________________________________________

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-2013-05867 in Executive Session on 12 Nov 14, under 
the provisions of AFI 36-2603:

	                     , Panel Chair
	                     , Member
	                 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Dec 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFDC, dated 21 Mar 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 8 May 14.




                                   
                                   
                                    


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