RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03919

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her additional service-connected conditions (hip, bilateral elbows and tension headaches) be included as unfitting in her medical board and her overall disability rating percentage be increased.

APPLICANT CONTENDS THAT:

Her newly evaluated medical conditions (hip, bilateral elbows and tension headaches) determined in July 2017 by the Department of Veterans Affairs (DVA) are directly related to the conditions in which she was medically retired for (Hypermobility Syndrome).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS: 

The applicant is a permanent disability retired Air Force technical sergeant. 
 
On 29 Dec 16, a Medical Evaluation Board (MEB) referred the applicant’s case to an Informal Physical Evaluation Board (IPEB) for Hypermobility Syndrome.

On 2 Mar 17, the DVA provided Integrated Disability Evaluation System (IDES) proposed unfitting condition Benign Hypermobility Syndrome (BHS) and noted, “VSR: Please invite claims for bilateral hip, bilateral elbow, headaches and hemorrhoids as they were not claimed and the evidence does not note, although diagnosed, a relations to a claimed condition.”
 
On  7 Mar 17, the IPEB found the applicant unfit for military service with diagnosis of  BHS and  recommended permanent retirement with combined compensable 50 percent disability rating. It was noted that the IPEB considered all other medical conditions (Category II and III) rated by the DVA related to the applicant's military service as required under the IDES and found the conditions were not currently unfitting for duty either separately or collectively.

On 20 Mar 17, the applicant agreed with the IPEB findings and waived her right to a Formal Physical Evaluation Board (FPEB).

On 18 May 17, the applicant was permanently disability retired with a compensable percentage for physical disability of 50 percent.

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

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denying the application.  Upon review of the DVA documentation the applicant provided, the board found no evidence to indicate the additional condition(s) would have been unfitting at the time her medical board was processed and there is no evidence to indicate an error or injustice occurred at the time the PEB processed her disability case. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 2 Aug 18 for comment (Exhibit D), and the applicant replied on 19 Aug 18.  In her response, the applicant contended it wasn’t until after the IPEB that the DVA rated her conditions of bilateral hip tinnitus, bilateral elbow tinnitus and tension headaches, hence her request for correction.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

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 that the applicant is not the victim of an error.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-03919 in Executive Session on 26 Sep 18:

	Chair
	Member
	Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 28 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Aug 18.
Exhibit E:	Applicant’s Response to Advisory, dated 21 Aug 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 for Docket Number BC-2017-03919.