IN THE CASE OF:  	  

		BOARD DATE:  1 September 2015  	  

		DOCKET NUMBER:  AR20140021335 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests through multiple applications reversal of the U.S. Army Human Resources Command (HRC) decision denying him combat-related special compensation (CRSC) for Gastroesophageal Reflux Disease (GERD).

2.  The applicant states, in effect:

* he received a 30 percent disability rating for GERD from the Department of Veterans Affairs (VA)
* he submitted three times for CRSC requesting his GERD be associated with his combat during the Gulf War (GW); he also sent an article which specifically linked GERD to the GW
* he has attached this article by VA Public Health, dated March 2014, titled Update for GW Veterans:  2014
* the article states the VA presumes certain chronic, unexplained health conditions existing 6 months or more are related to service during GW, regardless of cause; functional gastrointestinal disorders are included among the identified health conditions
* these "presumptive" illnesses must have appeared during active service in the Southwest Asia Theater of Operations; one of the article he included specifically stated GERD was one of these presumptive illnesses
* he does not understand why HRC has not linked his GERD to combat; he participated with his unit in active combat and could have been shot at any point during his 7 month deployment
* he feels HRC's decision is incorrect; all of his deployments (whether for the GW or Operation Iraqi Freedom) were for combat; it was not for training or sightseeing
* he requests a review of his medical condition and asks that it be considered a result of combat

3.  The applicant provides:

* letter, dated 30 September 2014, sent to the applicant from HRC regarding CRSC claim for GERD
* letter, dated 25 October 2010, sent to the applicant from VA showing an increase in his disability percentage for GERD from 0 percent to 30 percent
* VA Rating Decision, dated 22 October 2010 regarding GERD
* Update for GW Veterans:  2014, dated March 2014 from VA Public Health
* printout from the VA website regarding GW Veterans' Medically Unexplained Illnesses
* printout from website, VA GW Task Force, titled GW Veterans' illnesses:  Medically Unexplained Chronic Multisymptom Illnesses
* Hierarchical Structure showing GW deployments between 2 August 1990 to 10 September 2001
* printout from the website for the International Foundation for Functional Gastrointestinal Disorders (IFFGD)
* Enlisted Record Brief
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Standard Form (SF) 93 (Report of Medical History), dated 8 June 1981
* SF 88 (Report of Medical Examination), dated 8 June 1981, completed at the Armed Forces Examining and Entrance Station (AFEES), New York, NY
* SF 93, dated 8 June 1981, completed at the AFEES, New York, NY
* SF 93, completed in or around 1991 at Winn Army Community Hospital (WACH), Fort Stewart, GA
* SF 93, dated 14 June 1995, from WACH
* SF 88, dated on or about June 1995, from WACH
* SF 93, dated 30 March 1998, from Womack Army Medical Center (WAMC), Fort Bragg, NC
* DD Form 2807-1 (Report of Medical History), dated 10 January 2002, completed at WACH
* DD Form 2808 (Report of Medical Examination), dated 10 January 2002, completed at WACH
* DD Form 2807-1, dated 16 January 2007, completed at Fort Hood, TX
* DD Form 2697 (Report of Medical Assessment), dated 16 January 2007
* DD Form 2808, dated 28 February 2007, completed at Fort Hood
* DD Form 2795 (Pre-Deployment Health Assessment), dated 15 August 2000
* DD Form 2796 (Post-Deployment Health Assessment), dated 11 March 2001 for a deployment to Bosnia arriving 12 September 2000
* DD Form 2795, dated 18 July 2003
* DD Form 2796, dated 25 March 2004, for a deployment in support of Operation Iraqi Freedom during the period 17 August 2003 to 25 April 2004
* DD Form 2796, dated 28 June 2004 for a deployment in support of Operation Iraqi Freedom during the period 17 August 2003 to 25 April 2004
* DD Form 2795, dated 17 November 2005 for a deployment to Iraq
* two of a three page document titled Individual Medical Readiness Summary, dated 17 November 2005
* DD Form 2796, dated 11 December 2006, regarding a deployment to Iraq during the period 6 December 2005 to 30 November 2006
* Medical Protection System (MEDPROS) Web Data Entry, Individual Readiness Record as of 11 December 2006
* 284 pages of military medical records covering the applicant's period of active service with dates ranging from February 1982 to February 2007
* 91 page of medical records for the applicant as an Army retiree from WACH covering the period November 2007 to July 2011
* 29 pages of medical records for the applicant as an Army retiree from WACH covering the period September 2014 to October 2014
* 28 pages of VA medical records for the period July 2008 to August 2010
* three medical summaries of a Gastroenterology Group, dated 25 September 2014, 13 November 2014, and 12 February 2015, respectively
* two Office of Personnel Management (OPM) Forms 71
* 31 pages extracted from the applicant's VA medical record
* summary of a medical procedure (upper panendoscopy - use of an endoscope to view inside the body) performed 17 October 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 January 1982.  He served through multiple reenlistments in a variety of stateside and overseas assignments.  He retired on 31 July 2007.  

2.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 25 years, 6 months, and 2 days of net active creditable service.  

	a.  At retirement his rank/grade was command sergeant major (CSM)/E-9 and his military occupational specialty (MOS) was 00Z50 (CSM) with an additional MOS of 19Z (Armor Senior Sergeant).  

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Combat Action Badge and the Army Commendation Medal with "V" Device among other awards.

	c.  Item 18 (Remarks) shows he was deployed to Saudi Arabia during the period 24 August 1990 to 23 March 1991; to Iraq from 10 June 2003 to 10 July 2004; and to Iraq again from 6 December 2005 to 1 December 2006.

	d.  Item 28 (Narrative Reason for Separation) shows the applicant completed sufficient service for retirement.

3.  The medical records, addressing the applicant's period on active duty and provided by the applicant, are void of any reference to any treatment the applicant may have received for GERD.

4.  The medical records covering a period the applicant was receiving medical treatment as an Army retiree at WACH show the first reference to GERD occurs in February 2010.

5.  The VA Rating Decision, dated 22 October 2010, shows an initial rating decision was made regarding GERD on 30 September 2010.  Based upon the applicant's request for reconsideration, the VA increased his disability rating for GERD from 0 percent to 30 percent.  There is no mention of GERD being identified as a GW presumptive illness.

6.  On 18 October 2012, based upon the VA Rating Decision cited above, the applicant submitted a request to receive CRSC for GERD.  On 5 February 2013, HRC notified him his request was denied because GERD did not meet the Department of Defense (DoD) defined definition of combat-related.  HRC further stated GERD to be a chronic condition and the VA did not confirm there was a direct connection between the condition and a combat-related event or activity.

7.  On 23 April 2014, the applicant submitted a request for reconsideration regarding the award of CRSC for GERD.  On 19 June 2014, HRC denied his request stating, although the March 2014 VA update called attention to GERD, VA had not yet issued a finding affirming they considered it a presumptive illness.

8.  On 15 July 2014, the applicant submitted a second reconsideration to receive CRSC for GERD.  In a memorandum, dated 30 September 2014, HRC denied his request and noted this disapproval was final.  The denial was based on the fact the applicant provided no new evidence showing a link between a combat-related event and GERD.  The memorandum further noted the VA had not issued a presumptive finding for GERD.

9.  The applicant provides:

	a.  Update for GW Veterans:  2014, dated March 2014, which states the VA presumes functional gastrointestinal disorders, regardless of cause, are associated with service during the GW and are therefore eligible for VA benefits.

	b.  A printout from the VA.gov website, titled GW Veterans' Medically Unexplained Illnesses, which identifies functional gastrointestinal disorders as a presumptive illness.  It provides the following definition:

* a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract
* refers to an abnormal function of an organ, without a structural alteration of tissues (emphasis added)
* examples include irritable bowel syndrome, functional dyspepsia, and functional abdominal pain syndrome

   c.  A printout from the International Foundation for Functional Gastrointestinal Disorders (IFFGD) website which shows functional esophageal disorders among a list of functional gastrointestinal disorders.  The applicant has highlighted the portion which discusses functional heartburn where it states:

persistent burning sensation in the absence of GERD (emphasis added), a motility disorder, or a structural explanation

10.  On 14 August 2015, the Secretary of VA released an official blog (webpage containing opinions, links to other sites, and the addition of new material on a regular basis), which recorded his interview with the President of the National GW Resource Center (NGWRC).  During the interview, the Secretary asked whether there was any information on adding the presumptive illnesses advocated by his organization.  In response, the Secretary said:

[The] VA is committed to assisting GW Veterans to the fullest extent possible under current laws and consistent with medical science.  The NGWRC has suggested the inclusion of... GERD and dyspepsia as a presumptive condition associated with GW service.  Dyspepsia is already considered under the chronic multi-symptom illnesses of functional gastrointestinal disorders, and service connection for GERD can be established as associated with GW service where the evidence specific to a particular case supports such a finding (emphasis added).... If supporting scientific evidence becomes available in the future, VA will reconsider [it's] decision.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reversal of HRC's decision denying him CRSC for GERD.  He contends, contrary to what HRC noted in their denial memorandum, that the VA recognizes GERD among its listed presumptive illnesses for GW Veterans.

2.  An examination of the medical records provided by the applicant shows no treatment for GERD until after he retired from active military service.  The VA did award him 30 percent for GERD based on its service connection; however, the VA did not verify GERD as a combat-related disability thus he was appropriately denied CRSC by HRC for GERD.

3.  While VA's list of presumptive illnesses for GW Veterans includes gastrointestinal disorders as service connected, GERD is not specifically identified as being part of that group.  This is further substantiated by the interview between the VA Secretary and the President of the NGWRC, wherein the Secretary essentially states providing GERD the status of a presumptive illness is not needed as "service connection for GERD can be established as associated with GW service where the evidence specific to a particular case supports such as finding."

4.  The applicant's sincerity and that he sustained disabling conditions as a result of his exposure to combat are not in question.  His service connected disability for GERD was documented by the VA.  However, a service connected disability does not directly correlate to a combat-related disability.  The applicant’s service in the GW and in direct support of Operation Iraqi Freedom during two deployments are noted to include award of the Combat Action Badge.  However, there is insufficient evidence provided to support the granting of the requested relief to show that GERD is a combat-related disability.  If the applicable laws change in the future and the VA does grant combat-related disability for GERD, then the applicant can reapply to the HRC. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

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