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 applicants 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 applicants 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
ARMY | BCMR | CY2006 | 20060004445C070205
David K. Haasenritter | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his Department of Veterans Affairs (VA) rated disability for essential hypertension be approved for Combat-Related Special Compensation (CRSC). While the evidence of record conclusively shows that the applicant was a parachutist and was taken off parachute duty due to essential hypertension, these facts do not...
ARMY | BCMR | CY2005 | 20050000444C070206
The applicant requests that his Department of Veterans Affairs (VA) rated disabilities for hypertension (40 percent disabling) and restrictive lung disorder (100 percent disabling) be approved for Combat-Related Special Compensation (CRSC). Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat (which includes...
ARMY | BCMR | CY2006 | 20060008335C070205
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In the letter from the applicant’s wife, she stated that the applicant did not have hypertension before he went into the Army and opines that his hypertension is due to his experiences in Vietnam. 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...
ARMY | BCMR | CY2005 | 20050010813C070206
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Department of Veterans Affairs (VA) rated disability for arteriosclerotic heart disease be approved for Combat- Related Special Compensation (CRSC). The applicant provides the partial denial of his request to reconsider his CRSC application; his separation document; a statement from a military physician who states that the...
ARMY | BCMR | CY2005 | 20050011334C070206
Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Department of Veterans Affairs (VA) rated disability for hypertension be approved for Combat-Related Special Compensation (CRSC). Without evidence to establish a direct, causal relationship to the applicant’s hypertension to war or the simulation of war, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2011 | 20110012162
The applicant requests that his tuberculosis be approved for Combat Related Special Compensation (CRSC). The applicant states his medical records prove conclusively that his tuberculosis was caused, or aggravated, by his participation in armed conflict in Vietnam. In the NARSUM it was stated that the applicant had been in Vietnam for 16 months prior to his admission to the hospital.
ARMY | BCMR | CY2011 | 20110005575
He submitted a letter from his physician at the VA Medical Center, St. Louis, dated 15 March 2011, which states that in review of the applicant's initial and follow-up appointments, it was determined that his PTSD was a direct result of his combat experience in Vietnam. CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, states that eligible members are retired veterans with combat-related injuries who meet all of the following criteria: * Active, Reserve or National...
ARMY | BCMR | CY2005 | 20050011369C070206
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The OUSD has maintained in these opinions that in order for a condition to be considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war. The CRSC criteria is specifically for those military retirees who have combat related disabilities.
ARMY | BCMR | CY2007 | 20070018765
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA Rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Without evidence to establish a direct,...
ARMY | BCMR | CY2010 | 20100015325
The applicant requests that the U.S. Army Physical Disability Agency (USAPDA) determination be corrected to show he is eligible for Combat-Related Special Compensation (CRSC) for his arteriosclerotic heart disease. The guidance states that in order for a condition to be considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war. Incurring disabilities while in a theater of operations or in training exercises is...