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ARMY | BCMR | CY2007 | 20070015941
Original file (20070015941.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070015941 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his previous request for his Department of Veterans Affairs (VA) rated disability (hypertension) be approved for Combat-Related Special Compensation (CRSC).

2.  The applicant states, in effect, that his hypertension is a qualifying disability for award of CRSC benefits.

3.  The applicant provides information from the National Heart, Lung, and Blood Institute obtained from the World Wide Web and a physician's statement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060008335 on 9 January 2007.

2.  The applicant provided information from the National Heart, Lung, and Blood Institute obtained from the World Wide Web and a physician's statement which was not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrants consideration by the Board.

3.  On 14 October 2005, the U.S. Army Physical Disability Agency (USAPDA) CRSC Branch approved the applicant for CRSC benefits for a knee condition and a prostate gland condition.  At that time, the USAPDA also denied the applicant’s request for CRSC benefits for hypertension.  The USAPDA, in effect, informed the applicant that although his hypertension was service-related, there was insufficient evidence to show that it was combat-related or sustained during training exercises that simulate war.

4.  There no evidence in the available record which shows the applicant was diagnosed and/or treated for Post Traumatic Stress Disorder (PTSD).

5.  The information provided by the applicant from the National Heart, Lung, and Blood Institute obtained from the World Wide Web provides an overview of high blood pressure including symptoms, signs, and risk factors.


6.  The physician's statement provided by the applicant contains the hand-written entry "hypertension caused by stress-->PTSD."  This statement contains the following typed paragraph "One cannot say exactly how long this condition existed prior to the date of diagnosis but this type of disability could be present for years before becoming symptomatic.  It is my opinion that this condition could have as likely as not been caused or aggravated by the veteran's active duty service time.  (**Please give details below as to why/how you think this condition could be related to the service injury/condition.**)"  The comment section in this statement contained no entry.

DISCUSSION AND CONCLUSIONS:

1.  The CRSC criteria is specifically for those military retirees who have combat- related disabilities.  Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC.  The military retiree must show that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing specially hazardous duties such as parachuting or scuba diving.

2.  Although the applicant provided information from the National Heart, Lung, and Blood Institute which validates his claim that hypertension may be caused by PTSD and a statement for a physician which indicates that his hypertension was caused by PTSD, there is no medical evidence in the available record and the applicant has not provided sufficient evidence showing that his hypertension was sustained while engaged in combat, while performing duties simulating combat conditions, or while performing specially hazardous duties such as parachuting or scuba diving.

3.  Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of war, there is insufficient basis in which to grant his request.

4.  Although there is insufficient evidence to grant the relief requested, this by no means diminishes your dedicated service and scarifices to a grateful nation.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

PHM___    JGH____   __KSJ_     DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060008335, dated 9 January 2007.




      _____P H.M.  _
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070015941



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508




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