RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04189 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His disability rating of 40 percent be increased to 100 percent. APPLICANT CONTENDS THAT: The conditions rated, specifically the Cardiac, Pulmonary and Hiatal Hernia conditions were not accurately assessed. Since his retirement, in 1989, his conditions has continually deteriorated requiring a Cardiac Stent after five years and a second multiple cardiac bypass, after ten years. The Gerd/Reflux condition treated then has been re-designated as Barrett’s Syndrome; Chronic Obstructive Pulmonary Disease (COPD) and Cancer. The Board should find it in the interest of justice to consider his untimely application because over the last three years the Department of Veterans Affairs (DVA) has increased his rating to 100 percent permanent. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 9 Aug 66, the applicant initially entered the Regular Air Force. On 15 May 89, the applicant’s name was placed on Temporary Disability Retired List (TDRL) with a compensable disability rating of 100 percent. He was credited with 22 years, 9 months, and 7 days of active duty service. On 4 Feb 91, while on the Temporary Disability Retired List (TDRL), the Informal Physical Evaluation Board (IPEB) reevaluated the applicant and recommended permanent retirement with a disability rating of 40 percent. The applicant non-concurred with the recommendation and requested a formal hearing. On 12 Apr 91, the FPEB recommended permanent retirement with a 40 percent disability rating. The applicant again non-concurred and requested his case be forwarded to the Secretary of the Air Force Physical Review Council. On 6 Jun 91, after a full review of the applicant's case file, the Council upheld the FPEB recommendation. On 21 Jun 91, the applicant was removed from the TDRL and permanently retired with a disability rating of 40 percent. AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating the preponderance of evidence reflects that no error or injustice occurred during the disability process or the rating applied at the time of the board. Public Law 10 USC 1210 requires that all members on TDRL be given a periodic examination at least once every 18 months. The applicant chose to have a review of his Veterans Affairs (VA) medical file in lieu of being directed to a DoD medical facility and on 20 Sep 90 the USAF Physical Disability Division sent a request to the VA Medical Center in Manchester VA requesting a copy of all treatment provided to the member by that facility within the past 90 days. As background, the Department of Defense (DoD) and the Department of Veterans Affairs (DVA) disability evaluation systems operate under separate laws. Under Title 10, USC, 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. 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 fact that the applicant's condition may have deteriorated following retirement resulting in a higher disability rating by the DVA does not provide sufficient justification to change the disability percentage provided at the time of retirement. The applicant was not boarded for the other conditions cited on his application (hiatal hernia, gerd/reflux); therefore, DPFD was unable to address ratings for those conditions. The complete copy of the DPFD 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 24 Nov 14 for review and comment within 30 days (Exhibit D). 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 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 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 the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-04189 in Executive Session on 2 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Oct 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 12 Nov 14. Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.