RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02581 COUNSEL: NONE
XXXXXXXXXXXXXXXXXX	HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His 30 percent disability rating for Left Knee pain and instability awarded through the Air Force Disability Evaluation System (DES) be changed to the 60 percent rating given by the Department of Veteran Affairs (DVA), adding 10 percent for tinnitus, and 30 percent for degenerative joint disease of the right knee.

APPLICANT CONTENDS THAT:
When he retired from the Air Force in 1976, he was told that he could appeal his disability with either the DVA or the Air Force. The Air Force has refused to recognize the additional increase of
30 percent from the current Air Force disability of 30 percent. This has affected his disability pay status for years.

In support of his appeal, the applicant provides copies of his DVA Rating Decisions.

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

STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who served in the grade of first lieutenant (O-2). On 1 June 1976, the Informal Physical Evaluation Board (IPEB) recommended the applicant be temporarily retired with a 30 percent disability rating for the unfitting condition of Status Post Medial Meniscectomy, left knee (April 1975) and, reconstruction with pesanserinoplasty of the left knee (July 1975), with residual instability. His condition of Status Post Medial, right knee and exploration with reconstruction of the right knee (December 1968) was determined as existing prior to service (EPTS) without service aggravation. The applicant concurred with the IPEB findings and recommendation and was placed on the Temporary Disability Retired List (TDRL) effective 5 July 1976. Upon his third  required  TDRL reevaluation (7 March 1980), the IPEB

recommended the applicant be removed from the TDRL and permanently retired with a 30 percent disability rating for his left knee condition.   He was permanently retired effective
14 April 1980.  He served 3 years and 29 days on active duty.
The applicant’s right knee condition and his condition of tinnitus were approved as service connected by the DVA effective
29 August 2003 based on their criteria. As a result the DVA awarded the applicant an overall or combined disability rating of
60 percent effective 29 August 2003.

AIR FORCE EVALUATION:
AFPC/DPSD (USAF Physical Disability Division) recommends denial. DPSD states the preponderance of evidence reflects that no error or injustice occurred during the disability process or with the rating applied at the time of the applicant’s disability evaluation.

DPSD indicates the Department of Defense and the DVA disability evaluation systems operate under separate laws. The DVA rates and provides benefits for any disabilities determined to be serviced connected per their operating guidance. Disability ratings may be changed or added over the lifetime of a veteran. By contrast, the service PEBs rate only those disabilities which are unfitting for continued service as they exist at the time of the disability evaluation. As such, the fact the DVA subsequently awarded disability benefits for additional conditions than determined by the Air Force is not uncommon or evidence that the Air Force rating was incomplete, incorrect, or unjust. For service members placed on the TDRL, conditions may be added as unfitting only if they are determined to have been unfitting at the time of placement in the TDRL, or are secondary to a previously rated condition and are separately unfitting for service. Air Force disability evaluation ratings do not necessarily reflect DVA disability benefits ratings and are not modified to increase the rating percentage or list of conditions over time.

The complete DPSD evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 August 2011 for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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.

The following members of the Board considered AFBCMR Docket Number BC-2011-02581 in Executive Session on 15 March 2012, under the provisions of AFI 36-2603:

XXXXXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02581 was considered:

Exhibit A. DD Form 149, dated 8 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 29 Jul 11.
Exhibit D.  Letter, SAF/MRBR, dated 19 Aug 11.