RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01465

    	COUNSEL:  NONE 

	HEARING:  NO

APPLICANT REQUESTS:

1.  Increase his combined disability rating from 40 percent to 100 percent. 

2.  The additional service credit through 29 Aug 14, or “lost time,” he was awarded through AFBCMR Docket Number BC-2013-02125 be disseminated to the Defense Finance and Audit Agency (DFAS) so he is properly compensated.  (Administratively corrected)

APPLICANT CONTENDS:

1.  He suffers from Post-Traumatic Stress Disorder (PTSD), which caused Irritable Bowel Syndrome (IBS).  He also suffers from ringing in the ears from working around aircraft.  The Department of Veterans Affairs (DVA) awarded him over 150 percent in disability due to injuries sustained while fighting in Iraq.  

2.  In Nov 14, the AFBCMR awarded him “lost time” for the period 18 Apr 11 through 29 Aug 14 but the award was not disseminated down the chain.  He feels discriminated and reprised against by the Air Force and Dobbins Air Reserve Base due to his filing several Congressional Inquiries.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the AF Reserve in the grade of technical sergeant. 

On 9 Apr 13, a Medical Evaluation Board (MEB) determined the applicant was medical disqualified for continued Reserve duty and recommended he be processed through the Disability Evaluation System (DES). 

On 14 Feb 14, the Informal Physical Evaluation Board (IPEB) determined the applicant was unfit for further military service due to PTSD with anxiety and a torn right rotator cuff, dominant shoulder [existed prior to service (EPTS), service aggravated], and stated “will finalize upon receipt of ratings from VA.” 

Under Special Order ACD-02955, dated 29 Jul 14, the applicant was relieved from active duty and placed on the TDRL with a 100 percent disability rating, effective 29 Aug 14.  

On 30 Mar 15, the Informal Physical Evaluation Board (IPEB) re-evaluated the applicant’s medical status, found him unfit for further military service due to PTSD with anxiety and a torn rotator cuff.  The PTSD with anxiety was rated at 30 percent and the torn rotator cuff at 20 percent.  The recommended permanent medical retirement at a combined 40 percent disability rating.  

On 21 Jan 16, the Secretary of the Air Force Personnel Council (SAFPC) reviewed the case, concurred with the IPEB ratings of 30 percent for PTSD with anxiety, and 20 percent for his torn rotator cuff, and recommended he be permanently medically retired with a combined 40 percent disability rating.  

Under Special Order ACD-01460, dated 2 Mar 16, the applicant was removed from the TDRL and permanently retired in the grade of technical sergeant, effective 22 Mar 16, with a compensable rating of 40 percent for physical disability.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATIONS:

The AFPC Disability Office recommends denying the application.  When initially placed on TDRL, the applicant agreed his right shoulder rotator cuff tear and his PTSD were unfitting for military service.  The applicant has been under the continuous care of counselors and psychiatrists since Apr 11 for his mental health, and has improved over the years.  The mental health providers predicted his prognosis will not change and noted his incompatibility with continued military service.  The IPEB found his PTSD symptoms have stabilized, and correctly reflect the Department of Veterans Affairs (DVA) disability ratings of 30 percent for PTSD and 20 percent for his torn rotator cuff, tight shoulder.  The stabilized nature of his mental health condition resulted in an overall 40 percent rating, removing the applicant from the TDRL to being permanently retired.  Recommend denial, based on the applicant’s mental condition being stabilized and his tinnitus and IBS not being unfitting at the time of retirement.  The complete advisory is at Exhibit C.

AFBCMR Psychiatric Advisor recommends partially granting the applicants’ request.  The applicant made the point his compensation was less for retirement, when the evaluator clearly stated there was not much improvement from the previous evaluation, during the examination in which he was rated at 100 percent.  The applicant’s initial disability rating of 100 percent was out of proportion to the level of disability evaluation described by the clinician in 2011 and again in 2013.  To qualify for 100 percent, the applicant would have to have total occupational and social impairment due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; and, memory loss for names of close relatives, own occupation, or his own name.  The applicant’s presentation was clearly not at the 100 percent level.  If we are to believe the write-up done by the PEB, then we cannot accept the initial PEB rating of the 100 percent disability.  He had a global assessment of functioning (GAF) rating of 60.  A 60 GAF rating is described as moderate symptoms (e.g., flat affect and circumstantial speech, occasional panic attacks) or moderate difficulty in social, occupational, or school functioning (e.g., few friends, conflicts with peers or co-workers).  His evaluation would have fallen within the Veterans Affairs Schedule for Rating Disabilities (VSARD) rating for 50 percent.  The clinician who did the TDRL re-evaluation noted the applicant was a bit improved.  The applicant reported he had a regular routine of getting up in the morning, exercising and then getting his daughter ready for work, doing his chores and prepping meals.  His testing scores showed moderate depression and moderate anxiety.  His disabilities in 2015 continued to be in the areas of social and occupational functioning.  The evaluator reported his level of function was about the same but was now stable.  In terms of the applicant’s statement about IBS and PTSD, at this point there is no direct connection between IBS and PTSD.

This psychiatric advisor agrees with the conclusion of the evaluator from 2015 who found the applicant stable and only minimally improved at the time his TDRL ended.  With that in mind, recommends upgrading his medical retirement for PTSD to 50 percent, which with his 20 percent for his shoulder, would give him a total combined disability rating of 60 percent for his medical retirement.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Apr 18 for comment (Exhibit E), but has received no response.  The applicant did send in a short memorandum dated 7 May 18 noting he currently had no further evidence to present to the Board.

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the AFBCMR Psychiatric Advisor that the applicant’s disability rating for PTSD should be increased to 50 percent, resulting in an overall increase in his total combined disability rating to 60 percent.  However, for the remainder of the applicant’s request, the Board concurs with both the Psychiatric Advisor and the AFPC Disability Office the evidence presented did not demonstrate further error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  The Board also notes the applicant’s contention he was the victim of discrimination and/or reprisal because the additional service credit awarded to him by the AFBCMR in Docket Number BC-2013-02125 was missing from his final retirement order.  However, the Air Force Personnel Center administratively resolved that portion of his request, eliminating the need for further action by the Board.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show, effective 22 March 2016, the applicant was removed from the temporary disability retired list (TDRL) and retired in the grade of technical sergeant with a 50 percent disability rating for post-traumatic stress disorder (PTSD) with anxiety, a 20 percent disability rating for a rotator cuff tear, right shoulder, and a 60 percent combined compensable percentage for physical disability.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01465 in Executive Session on 23 May 18:

Chair
Member
 Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 7 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC Disability Office, dated 23 May 16.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 29 Mar 18
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.