RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00999
		INDEX CODE:  108.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His disability rating assigned upon his retirement from the Air Force be changed from 30% to reflect a rating commensurate with his complete disabilities.

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APPLICANT CONTENDS THAT:

His medical retirement should include all the medical conditions that he suffered while he was on active duty, not just those that rendered him unfit for further military service.  He should be compensated for his neck and shoulder pains, which were documented as part of his initial Medical Evaluation Board (MEB) package.  The constant pains in his neck and shoulder limit his day-to-day activities and should be included in his disability rating.  

In support of his request, the applicant provided documentation associated with his Disability Evaluation System (DES) processing, and extracts from his military and civilian medical records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 30 Mar 84.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 May 97.  

An MEB was convened on 21 Jun 00 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of low back pain and left hand weakness.  On 7 Jul 00, the IPEB found him unfit for further military service based on a diagnosis of low back pain and left hand weakness.  The IPEB recommended that he be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 50%.  The applicant agreed with the findings and recommended disposition of the IPEB.  He was placed on the TDRL on 23 Aug 00.  On 17 Dec 01, the Air Force PEB recommended that the applicant be permanently retired from the Air Force based on a diagnosis of low back pain and slight left hand weakness with a combined disability rating of 30%.  The applicant concurred with the recommended findings.  On 31 Jan 02, he was removed from the TDRL and retired in the grade of technical sergeant with a compensable rating of 30%.  He served 16 years, 7 months, and 10 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed the applicant's request and recommends denial.  The Medical Consultant states that the applicant has a long history of neck, left shoulder, left arm and hand complaints that began before entering active duty.  His civilian medical records indicate that he experienced shoulder and neck pain in adolescence.  The service medical record clearly documents problems with his neck and left shoulder since he entered the Air Force.  He underwent surgery in 1989 for what was an existing prior to service condition.  The medical evaluations over time identified a number of possible causes for his chronic neck pain, left shoulder/arm pain, and left hand weakness.  The diagnoses include cervical spine degenerative disc disease, thoriacic outlet syndrome, carpal tunnel syndrome, myofascial pain, and tendonitis.  These diagnoses are not mutually exclusive and he may have had one or more at a time.  In spite of his ongoing neck pain, there is no evidence in the medical records to suggest that these chronic complaints interfered with the performance of his duties.  Shoulder disease may be unfitting for continued military service, and includes severe pain, weakness, of loss of range of motion that results in marked loss of function.  Shoulder range of motion that is less than 90 degrees forward elevation of abduction to 90 degrees is considered severe enough to result in marked loss of function.  On the TDRL evaluation his shoulder range of motion clearly exceeded this, and documented strength on numerous examinations was recorded as within the normal range about the shoulder.  His documented grip strength was mildly reduced and was not documented in the medical records to be of a severity resulting in interference with duty.  The PEB appears to have considered his neck and left upper extremity complaints and ruled in favor of the applicant by rating and compensating for his objectively demonstrated left hand weakness.

For an individual to be considered unfit for military service, there must be a medical condition so severe that it prevents performance of any work commensurate with rank and experience.  The mere presence of a medical condition does not qualify a member for disability discharge, retirement, or compensation.  Once an individual has been declared unfit, the Service Secretaries are required by law to rate the condition based upon the degree of disability at the time of permanent disposition and not upon the possibility of future events.  In this instance, the applicant's back condition rendered him unfit for continued military service and this condition was rated and compensated.  His neck and shoulder condition did not render him unfit for continued military service and was not rated or compensated.  The Department of Veterans Affairs (DVA) may rate any service-connected condition without regard to the previous determination of fitness, and increase or decrease the compensation ratings based upon the individual's condition at the time of future evaluations.  This is the reason why an individual can be found fit for service and yet soon thereafter receive a compensation rating from the DVA for service-connected, but militarily not unfitting conditions.  The Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 Aug 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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 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 error or injustice.  Evidence has not been presented which would lead us to believe that the applicant’s disability processing and the final disposition of his case were in error or contrary to the governing Air Force regulations, which implement and the law.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-00999 in Executive Session on 2 Oct 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 7 Aug 02.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Sep 02.