RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02293 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflect she was medically retired. APPLICANT CONTENDS THAT: She sustained back injuries while performing funeral details. The Board found her 10% disabled; yet, the Department of Veterans Affairs (DVA) found her 30% disabled. The DVA rating was based on their complete medical evaluation and her active duty medical records. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Air Force. On 13 October 2010, the Informal Physical Evaluation Board (IPEB) reviewed the applicant’s case and recommended she be discharged with severance pay (DWSP) with a disability rating of 10% for diagnosis of lumbago secondary to degenerative disc disease lumbar spine. On 22 October 2010, the applicant non-concurred with the IPEB’s findings and requested a formal hearing. On 2 December 2010, the applicant requested to waive her formal hearing and concurred with the IPEB findings. On 6 December 2010, the Secretary of the Air Force directed that she be separated with severance pay under 10 U.S.C. 1203, Section 1212. She was separated on 27 February 2011. Her narrative reason for separation was listed as disability, severance pay, non-combat. AIR FORCE EVALUATION: AFPC/DPFD recommends denial. The DVA rating decision dated 11 April 2013, rated the applicant's lumbar disc herniation at 20%. The DVA also rated her 20% for radiculopathy as secondary to the lumbar disc herniation. She did not have radiculopathy of lumbar disc area when her medical board was reviewed in 2010. As background, the Department of Defense (DoD) and the DVA disability evaluation systems operate under separate laws. Under Title 10, U.S.C, Physical Evaluation Boards must determine if a member's condition renders them unfit for continued military service relating to their office, grade, rank or rating. The fact that a person may have a medical condition does not mean that the condition is necessarily unfitting for continued military service. To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties. If the board renders a finding of unfit, the law provides appropriate compensation due to the premature termination of their career. Further, it must be noted the USAF disability boards must rate disabilities based on the member's condition at the time of evaluation; in essence a snapshot of their condition at that time. It is the charge of the DVA to pick up where the AF must, by law, leave off. Under Title 38, the DVA may rate any service-connected condition based upon future employability or reevaluate based on changes in the severity of a condition. The preponderance of the evidence reflects that no error or injustice occurred during the disability process. The complete DPFD evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. The applicant has supplied a rating decision issued by the DVA, 11 April 2013 with assignment of a 20% disability rating for right lower extremity radiculopathy and a 10% disability rating for lumbar disc herniation with recurrent muscles spasms; among other conditions rated. In the rationale for the decision, the examiner wrote, "Although you did not specifically claim this condition, we have sympathetically taken your claim for service connection for a back condition as a claim for this condition. We have assigned a 20 percent evaluation for your right lower extremity radiculopathy based on moderate incomplete paralysis, hypoactive knee reflex, and absent ankle reflex." The evidence utilized in the rating decision included VA contract examinations from 31 December 2012 through 2 January 2013 and a review of the VA claims file. The applicant has also supplied supplemental bullet statements to the Board in which she summarized her clinical history. Attention is directed to the following statements: "Spring 09: Neurological symptoms R>L with numbness and tingling with altered gait" and "2/27/11: VA claim after C and P exam, VA rated her as suffering 10% for low back; 20% for right lower extremity radiculopathy ..." The Medical Consultant found the first statement uncorroborated in the supplied service record. The Medical Consultant is familiar with radiculopathies of the cervical and lumbar spine, which results from compression of a given nerve root; most commonly due to a herniated disc, but often due degenerative changes along a spine segment that may result in narrowing of the opening, or neuroforamen of the affected existing nerve. When nerve compression is suspected in the lumbar region, symptoms may be provoked or exacerbated through performance of the straight-leg raise test; with the patient in the supine/recumbent position, while the examiner carefully lifts the extended lower limb, with passive flexion of the hip], thus placing tension on any potentially offending nerve root. The applicant's straight-leg raise test was negative. She also consistently demonstrated a normal gait and normal tactile sensation along dermatomes of the lower extremities. Additionally, more than once she did not report experiencing numbness, weakness, or pain radiating into the lower extremities. Although a November 2008 MRI scan showed multilevel disc bulges and mild to moderate neural foraminal narrowing at L5-S1, these radiographic findings are not determinative of the existence of an individually unfitting medical condition. The Consultant did note after leaving military service, the applicant reported experiencing left sided back pain that radiates across the lower back and left leg at a November 2012 episode of care which is suggestive of a radicular origin. However, no such complaint was documented during the applicant's period of active service. Thus, the Medical Consultant does not dispute the post service findings of the DVA, but found insufficient evidence in the active duty service treatment record to include a right lower extremity radiculopathy in the applicant's military disability rating computation. Readdressing the applicant's implicit desire for a medical retirement, the military Disability Evaluation System (DES), established to maintain a fit and vital fighting force, can by law, under Title 10, United States Code (U.S.C.), only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the "snapshot" time of separation and not based on post-service progression of disease or injury. The applicant is also advised that, operating under a different set of laws, Title 38, U.S.C.), the DVA is authorized to offer compensation for any medical condition determined service incurred, without regard to [and independent of] its demonstrated or proven impact upon a service member's retainability, fitness to serve, or the intervening period since the date of separation. The DVA is also empowered to conduct periodic re-evaluations for the purpose of adjusting the disability rating awards [increase or decrease] as the level of impairment from a given service connected medical condition may vary [improve or worsen] over the lifetime of the veteran. The complete BCMR Medical Consultant’s evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force and the BCMR Medical Consultant evaluations were forwarded to the applicant on 30 January 2015, for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the applicant’s complete submission and the evidence of record, we see no evidence of error or impropriety in the disability evaluation process and are not persuaded by the applicant’s contentions, that she has been the victim of an injustice. It appears the applicant’s medical case was properly evaluated under the appropriate Air Force regulations, which implement the law. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and the BCMR Medical Consultant 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 basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-02293 in Executive Session on 2 April 2015, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02293 was considered: Exhibit A. DD Form 149, dated 4 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Record Excerpts. Exhibit C. Letter, AFPC/DPSD, dated 9 Jul 14. Exhibit D. Letter, BCMR Medical Consultant, dated 16 Jan 15. Exhibit E. Letter, SAF/MRBR, dated 30 Jan 15.