RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02109 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His corrected rating for chronic low back pain of 40 percent be changed to include his condition of Post Traumatic Stress Disorder (PTSD). ________________________________________________________________ THE APPLICANT CONTENDS THAT: The Physical Disability Board of Review (PDRB) corrected his record to reflect that he was disability retired rather than disability discharged, with severance pay. However, subsequent to his separation, he discovered that his original rating from the Department of Veterans Affairs (DVA) included a rating for PTSD, which was not a condition rated by the Air Force or the PDBR and believes this rating should be included in his disability retirement. In support of his appeal, the applicant provides a copy of an extract of his DVA Rating decision and a copy of an extract from his PDBR case file, PD200900256. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, prior to his disability discharge with severance pay effective 28 Feb 08, he was rated by the DVA with a compensable disability rating of 40 percent for chronic lumbar pain and 30 percent for PTSD. The applicant was processed through the Disability Evaluation System (DES) and his case was referred to the Informal Physical Evaluation Board (IPEB) for chronic lumbar pain. The IPEB recommended the applicant be disability discharged with severance pay, with a compensable disability rating of 10 percent for chronic lumbar pain. On 8 Mar 10, the PDBR corrected the applicant’s record to reflect a compensable disability rating of 40 percent for chronic low back pain, with VASRD code of 5243. ________________________________________________________________ THE AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial, stating, in part, that the applicant has not met the burden of proof of a material error or injustice that warrants the desired change to the record. The Military Departments, operating under Title 10, United States Code (U.S.C.) can only offer compensation for the medical condition(s) which is(are) the cause for career termination; and then only to the degree of impairment at the "snap-shot" time of final military disposition. In the case under review, there is no evidence to show the applicant's ability to perform his military duties was adversely impacted by PTSD to the extent that warranted its inclusion in the MEB/PEB process as a basis for a possible unfit finding. The Medical Consultant acknowledges the applicant's implicit contention that because the DVA awarded him a disability rating for PTSD; during the same period, he received the 40 percent rating for back pain; which then formed the basis for a change of the record and medical retirement via the PDBR. However, unlike the Military Disability Evaluation System, the DVA, operates under a different set of laws with a different purpose (Title 38, U.S.C.) and is authorized to offer compensation for any medical condition determined service incurred, without regard to its demonstrated impact upon a service member's retainability, fitness to serve, or narrative reason for separation. This is the reason why an individual can be found fit for service for a medical condition and yet sometime thereafter receive a compensation rating from the DVA for the service-connected, but militarily non-unfitting condition. Thus, the presence of a medical condition that was not unfitting while in service, and was not the cause of separation or retirement, that may later progress in severity causing disability or was merely determined service connected is not a basis to retroactively grant military disability compensation. In addition, Title 38, USC authorizes the DVA to conduct periodic re-evaluations for adjusting the compensation ratings as the severity or level of impairment for a given medical condition may vary over the lifetime of the veteran. The complete BCMR Medical Consultant evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 April 2011 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant’s case has undergone an exhaustive review by the BCMR Medical Consultant and we did not find the evidence provided, sufficient to overcome his assessment of the case. Therefore, we agree with his recommendation and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice. In view of the above and 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-2010-02109 in Executive Session on 5 May 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02109 was considered: Exhibit A. DD Form 149, dated 7 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 30 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11.