RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00991

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His disability rating for his unfitting condition of Cardioinhibitory Vasovagal Syndrome be increased from 30 percent to 60 percent.

APPLICANT’S CONTENTIONS

Due to his medical condition, his Metabolic Equivalent Test (MET) had to be performed via the interview process during the VA C&P exam.  During this interview process, while filling out his cardiac Disability Based Questionnaire (DBQ), the doctor told him that his cardiac ability prior to syncope symptoms was a value between 3-5 METs.  Unfortunately, he believes the doctor clicked the wrong button on his DBQ.  He attempted a one-time appeal via the Formal Physical Evaluation Board (FPEB), but the clerical error was missed in the review process again.  The DOD accepted the Department of Veteran Affairs (DVA) verdict and his DOD disability retirement was set to 30 percent for a 5-7 MET level.  After filling a notice of disagreement and submitting data from his current cardiologist, the DVA has since fixed the administrative error and is now rating him at 60 percent for his unfitting condition.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard captain (0-3).

The applicant served 18 years, 3 months and 20 days of service for basic pay and 12 years 1 month and 26 days of active service for retirement.

On 1 May 2019, the applicant met a Medical Evaluation Board (MEB) with a diagnosis of Cardioinhibitory Vasovagal Syndrome and his case was referred to an Informal Physical Evaluation Board (IPEB).  On 16 July 2019, the IPEB found the applicant unfit because of physical disability and the recommended disposition indicated Unfit – IDES Awaiting DVA Rating.  On 16 September 2019, the IPEB found the applicant unfit because of physical disability and recommended permanent retirement with a compensable percentage of 30 percent IAW the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines.  On 2 October 2019, the applicant waived his right to a FPEB hearing.  On 16 October 2019, the DVA determined no change was warranted in the proposed evaluation of Type 2 Cardioinhibitory Vasovagal Syndrome with Autonomic Dysfunction.

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 granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is indication an error or injustice occurred at the time the PEB processed the applicant’s disability case.

Upon review of the documentation in the applicant’s application and the PEB record, the board found that the applicant submitted a DVA Rating Reconsideration Request on 8 October 2019 as a last appeal effort through the Integrated Disability Evaluation System (IDES).  The applicant requested that the DVA upgrade his disability rating from 30 percent to 60 percent or as much as 100 percent.  The applicant contended that the DVA improperly assigned a 30 percent rating due to the DVA Compensation & Pension (C&P) Examination evaluator using an interview-based Metabolic Equivalent (METs) test in lieu of an actual physical examination of his exercise capacity due to a cardiac stress test being contraindicated because of his condition.  On 16 October 2019, the DVA disapproved the applicant’s Rating Reconsideration Request based on the original interview-base METs test.  Based on this disapproval the applicant’s IDES case was finalized and he was projected for permanent disability retirement effective 29 January 2020 with a 30 percent disability rating. 

According to the documentation provided by the applicant in his application on 2 March 2020, the DVA upgraded his rating for Type 2 Cardioinhibitory Vasovagal Syndrome with Autonomic Dysfunction from 30 percent to 60 percent after receiving additional medical evidence dated 6 December 2019 (prior to his retirement) from his treating physician to support the change.  Based on this change we believe that if the VA would have had access to this information while he went through the original C&P examination or Rating Reconsideration process that a 60 percent rating would have been assigned during IDES processing.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 April 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

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

	a.  On 16 September 2019, 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 Type 2 Cardioinhibitory Vasovagal Syndrome; DVA rated as Type 2 Cardioinhibitory Vasovagal Syndrome with Autonomic Dysfunction, that his condition was under VASRD code 7011, rated at 60% rather than 30%; that the degree of impairment was permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not received as a direct result of armed conflict or caused by an instrumentality of war. 

	b.  On 28 January 2020, he was released from active duty by reason of physical disability with a 60 percent compensable disability rating, and permanently retired effective 29 January 2020.

	c.  His election of the Survivor Benefit Plan option will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations.

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-2020-00991 in Executive Session on 16 December 2020:

Mr., Panel Chair 
Dr., Panel Member
Ms., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 March 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 9 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 April 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-00991, as required by AFI 36-2603, paragraph 4.11.9.