RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-01583

XXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His records be corrected to increase his disability rating from 70 percent to 90 percent.

APPLICANT’S CONTENTIONS

His disability rating should be upgraded due to the change in his Department of Veterans Affairs (DVA) rating.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a medically retired Air Force airman first class (E-3).

On 11 Sep 19, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for continue service due to his diagnosis of Schizophrenia – Existed Prior to Service with Service Aggravation and recommended permanent retirement with a 70 percent disability rating.

On 29 Nov 19, the applicant was permanent disability retired with a compensable disability rating of 70 percent.  

According to the DVA Decision Rating dated 13 Jan 20 provided by the applicant, effective 28 Nov 19 he received a service connection for the following conditions:

1.  Keratosis pilaris with a rating of 10 percent.
2.  Eczema with a rating of 0.
3.  Schizophrenia-unspecified with a rating 70 percent.
4.  Cervical strain and chondrocosal junction syndrome with a rating of 20 percent.
5.  Left shoulder strain (non-dominant) with a rating of 20 percent.
6.  Lumbosacral strain with a rating of 20 percent.
7.  Allergic conjunctivitis with dry eye syndrome with a rating of 10 percent.
8.  Left lower extremity radiculopathy to include sciatica with a rating of 10 percent.
9.  Right lower extremity radiculopathy to include sciatica with a rating of 10 percent.

The applicant was denied a service connection for hearing loss, left ankle, pain, crepitus, pops and left knee pain, weakness.  He was awarded a 90 percent combined compensable rating for his service-connected conditions by the DVA.

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. There was no evidence of an error or injustice in the applicant’s disability processing.

The applicant was permanently disability retired effective 29 Nov 19 for Schizophrenia - Unspecified.  The Physical Evaluation Board (PEB) found that the applicant’s condition existed prior to service with service aggravation.  The DVA assigned a 70 percent compensable disability rating for this condition.  The applicant had no further unfitting conditions that were considered under the Disability Evaluation System (DES).  The eight other conditions that the DVA service connected were not compensable under the DES. 

The Air Force and the DVA disability systems operate under separate laws.  Under the Air Force system (Title 10, United States Code [U.S.C.]), the PEB must determine whether an airman’s medical condition renders them unfit for continued military service relating to their office, grade, rank or rating.  To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties.  The PEB then applies the rating best associated with the level of disability at the time of disability processing (a snapshot in time).  That rating determines the final disposition (discharge with severance pay, placement on the temporary disability retired list, or permanent retirement) and is not subject to change after the service member has separated.  Under the VA system (Title 38, U.S.C), the member may be evaluated over the years and their rating may be increased or decreased based on changes in the member’s medical condition at the current time.  However, a higher rating by the DVA “based on new and/or current exams conducted after discharge from service” does not warrant a change in the total compensable rating awarded at the time of the member’s separation.

The applicant received a 70 percent compensable rating through the DES with a total 90 percent disability rating from the DVA.  The DVA rating decision provided by the applicant was only confirming their final decision of the ratings proposed on 27 Aug 19.  The only change was the DVA decision to assign a 10 percent rating for Keratosis Pilaris which had a proposed rating of 0 percent.  Although the DVA assigned a 10 percent rating for this condition it was not considered an unfitting condition and therefore non-compensable under the DES.

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 19 Jun 20 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 not 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 does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-01583 in Executive Session on 19 Aug 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 19 Jun 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Jun 20.

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