RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00207 INDEX CODE: 108.07 xxxxxxxxxxxxxxx COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His service-connected medical condition, sarcoidosis, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. 2. His disability rating be adjusted to reflect 100% rather than 50%. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Since his retirement the Department of Veterans Affairs (DVA) doctors, civilian doctors, and an Air Force neurologist have confirmed that he has sarcoidosis/neurological sarcoidosis. He believes this disability should be combat-related. In support of his request, applicant provides copies of his DVA ratings for the years 1995, 2003 and 2007, a copy of his separation and retirement orders and other associated documents relating to his CRSC request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 23 May 92, after serving 17 years, 9 months, and 8 days of total active service, the applicant was medically retired due to his medical condition. He was retired in the grade of lieutenant colonel with a compensable disability rating of 50%. Available DVA records reflect the applicant is currently receiving a combined compensable rating of 100% for his unfitting condition. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. DPPD advises the applicant has not submitted a CRSC claim as outlined under the provisions of 10 U.S.C., Chapter 71, Section 1413a. The complete DPPD evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states he will submit his request for CRSC; however, he requests that the Board rule that his sarcoidosis related disabilities are combat-related based on his DVA rating. Additionally, the applicant requests that his Air Force disability rating be readjusted to 100% which was the rating assigned to him by the DVA in 1992. The applicant's complete letter, with attachments, is at Exhibit D. ________________________________________________________________ _ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSD reviewed the applicant's request for a readjustment of his Air Force disability rating. DPSD states that the charge of the DVA is to pick up where the Air Force 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. This often results in different rating by the two agencies. The DPSD complete evaluation is at Exhibit E. ________________________________________________________________ _ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Applicant states that the DVA was evaluating the same conditions as the Air Force at the same time. The DVA's evaluation was concurrent with the Air Forces evaluation and their "snapshots" predate the Air Force's "snapshot." The applicant's complete letter, with attachments, is at Exhibit G. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely not 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 error or injustice. The available evidence of record does not support a finding that the service- connected medical condition the applicant believes is combat- related was incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war; and, therefore, does not qualify for compensation under the CRSC Act. With regard to the applicant's request for an adjustment of his disability rating from 50% to 100%, evidence has not been provided which would lead us to believe that the applicant’s disability processing and the rating he received at final disposition were improper. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as a basis for our conclusion that the applicant has not been the victim of either an error or an injustice. In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this appeal. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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 Docket Number BC- 2008-00207 in Executive Session on 27 Jan 09, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXXX, Chair XXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to Docket Number BC-2008-00207 was considered: Exhibit A. DD Form 149, dated 11 Dec 07, w/atchs. Exhibit B. Letter, AFPC/DPPD, dated 26 Mar 08, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 11 Apr 08. Exhibit D. Letter, Applicant, dated 20 May 08, w/atch. Exhibit E. Letter, AFPC/DPSD, dated 20 Jun 08. Exhibit F. Letter, SAF/MRBR, dated 25 Jun 08. Exhibit G. Letter, Applicant, dated 12 Jul 08, w/atchs.