RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02443
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His medical discharge be overturned and he be medically retired.  

APPLICANT CONTENDS THAT:

The rating applied at the time of his processing through the Integrated Disability Evaluation System (IDES) should be changed to reflect the change awarded to his service-connected disabilities from the Department of Veterans Affairs (DVA). He claims his increased 30 percent disability rating should “upgrade” his medical discharge to a medical retirement.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Mar 10.  

On 26 Nov 12, an AF Form 469, Duty Limiting Condition Report, was issued on behalf of the applicant, restricting him from mandatory high/low impact of upper/lower extremities, and mandatory repetitive bending at the waist.  

On 25 Feb 13, the applicant’s commander issued a letter to the Medical Evaluation Board (MEB), disclosing the applicant’s continual sitting/standing increased chronic hip/calf pain and that he was “restricted from continually bending at the waist. He further elaborated that this condition would prevent the applicant from service in his primary AFSC in future assignments.

On 17 May 13, an MEB convened, and after considering clinical records, laboratory findings, and physical examination, recommended the applicant be referred to an Informal Physical Evaluation Board (IPEB).  

On 3 Sep 13, under the Disability Evaluation System (DES) Pilot Program, a joint initiative between the DOD and DVA in the case of the applicant, the DVA provided a Disability Evaluation System Proposed Rating, by means of the Veterans Administration Schedule for Rating Disabilities (VASRD), assigning evaluations to the applicant’s unfit conditions for use by the DOD in determining a final disposition for unfitting conditions as well as to determine his potential entitlement to DVA disability compensation.  

On 9 Sep 13, an IPEB found the applicant unfit, and recommended discharge with severance pay with a disability rating of 20 per-cent for Chronic Pain Disorder in accordance with VASRD code 5099-5025.  

On 11 Sep 13, the applicant disagreed with the IPEB findings and recommendation, and requested a Formal Physical Evaluation Board (FPEB).  

On 30 Oct 13, the FPEB concurred with the findings and recommendation of the IPEB, recommending the applicant be discharged with severance pay (DWSP), with 20 percent disability compensation under VASRD code 5099-5025.  

On 31 Oct 13, the applicant signed AF form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, agreeing with the FPEB findings and recommended disposition.   

On 1 Nov 13, the Secretary of the Air Force directed the applicant be separated from active service for physical disability under the provisions of 10 USC 1203, with severance pay computed under Section 1212 of 10 USC.  

On 28 Jan 14, the applicant was furnished an honorable discharge, and was credited with 3 years, 9 months, and 29 days of active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial, indicating there is no evidence of an error or injustice.  A review of the applicant’s military personnel records reveals the Informal Physical Evaluation Board (IPEB) on 9 Sep 13, and the Formal Physical Evaluation Board (FPEB) on 30 Oct 13, found the applicant unfit for Chronic Pain Disorder and recommended the applicant be discharged with severance pay applying 20 percent disability rating in accordance with the Department of Defense (DOD) guidance applying Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines.  The applicant concurred with the FPEB’s recommendation and was discharged 28 Jan 14.  He submitted a letter from the Department of Veteran’s Affairs (DVA), dated 28 May 15, displaying his old disability rating (20 percent) and a new disability rating (40 percent): effective date, 11 Dec 14.  The DOD and the DVA disability evaluation systems operate under separate laws. It must be noted the Air Force 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, while the DVA rating may fluctuate as the condition changes.  The applicant did not provide any documentation that would change the final outcome rendered at the time of his processing through the disability evaluation system. There is no evidence an injustice or error occurred during the processing of the applicant’s request.

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.

BCMR Medical Consultant recommends consideration be made for including the applicant’s hip ailment as unfitting prior to his discharge, which when combined with the 20 percent disability rating for Pain Disorder, reaches a 30 percent disability rating, medical retirement eligibility.  The applicant’s medical records revealed he had several other medical conditions not found unfitting at the time of discharge.  One of particular interest and relevance was his right hip condition (acetabular impingement syndrome with labral tear).  The DVA treatment record revealed the applicant reportedly injured his right hip in Nov 11 during the run portion of his Fitness Assessment (FA), and assigned a 10 percent disability rating for the hip condition; but later increased the rating to 100 percent based on an ultimate total hip joint replacement.  The Medical Consultant opined that at the time of discharge, the rating and fitness determinations for Pain Disorder and the not unfit decision for his depressive disorder were based upon the clinical assessments at the time of military service, when there was no significant social and occupational impairment attributed to the depressive disorder.  On the other hand, although the applicant’s hip ailment was also not considered individually unfitting, when collectively considering the clinical pathology involved, and which was present prior to discharge, and the applicant’s commander’s letter to the Medical Evaluation Board (MEB), dated 25 Feb 13, makes it a more likely contributory impediment to the applicant’s fitness.  The Medical consultant ends the evaluation by pointing out the DVA operates under authorizing 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 passage of time since discharge.  

A complete copy of the BCMR Medical Consultant evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Dec 15 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice.  We note the comments of AFPC/DPFDD indicating that relief should be denied because the evidence presented at the time of the applicant’s processing through the IDES it was determined that an assignment of 20 percent disability, under VASRD code 5099-5025, was the appropriate rating for his conditions.  However, after reviewing the AFBCMR Medical Consultant’s Evaluation, we are convinced that corrective action is warranted.  In this respect, we note the Medical Consultant’s opinion that although the applicant’s hip ailment incurred during a Nov 11 Fitness Assessment (FA), it was not considered individually unfitting.  Notwithstanding, when collectively considering the clinical pathology involved, which was present prior to discharge, and the Commander’s letter disclosing that the applicant’s hip/calf pain, restriction from continually bending at the waist, would prevent him from future service in his primary Air Force Skill Code (AFSC), make it a more likely contributory impediment to his fitness which led to his subsequent discharge.  We believe that including the applicant’s hip ailment (DVA assigned a 10 percent disability rating, VASRD code 5251, for the hip condition; later increasing the rating to 100 percent based on an ultimate hip joint replacement) as unfitting, with the 20 percent rating for Pain Disorder, reaches a 30 percent rating, thus, qualifying him for a medical retirement.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.  On 27 January 2014, he was found unfit to perform the duties of his office, rank, grade, or rating by reason of physical disability, incurred while he was entitled to receive basic pay; that the diagnosis in his case was Chronic Pain Disorder, VASRD code 5099-5025, rated at 20 percent, and Acetabular Impingement Syndrome, Limitation of Extension, Right Hip, VASRD code 5251 rated at 10 percent; that the combined compensable percentage was 30 percent; that the disability was received in the line of duty or proximate result of performing duty; and that the disability was not a direct result of armed conflict or caused by an instrumentality of war.

	b.  On 28 January 2014, he was separated by reason of permanent disability retirement with the combined disability rating of 30 percent. 

The following members of the Board considered AFBCMR Docket Number BC-2015-02443 in Executive Session on 24 Mar 16 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02443 was considered:

	Exhibit A.  DD Form 149, dated 4 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 23 Jun 15.
	Exhibit D.  Memorandum, BCMR Medical Consultant, dated
			  4 Nov 15, w/atchs.  
	Exhibit E.  Letter, SAF/MRBR, dated 2 Dec 15.