AF | PDBR | CY2009 | PD2009-00056
There was a single goniometric range-of-motion (ROM) exam for the back in the service treatment record (STR), which was the basis for the PEB rating. Otherwise, normal motor and reflex exams are documented throughout the STR and VA exams. A recommendation as additionally unfitting cannot be supported for any of the CI’s other medical conditions.
AF | PDBR | CY2009 | PD2009-00057
CI CONTENTIONS : The CI contends that neither the PEB nor the VA rating is fair. All Holter rhythm recordings and multiple EKG’s in evidence were reviewed, and it was concluded that no additional undocumented arrhythmias are demonstrable. Specifically investigated was an ER encounter during the MEB period which resulted from exertional symptoms that may have been caused by an additional episode of SVT.
AF | PDBR | CY2009 | PD2009-00058
RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows and that the discharge with severance pay be recharacterized to reflect disability retirement, effective as of the date of his prior medical separation. malunion with marked right knee disability, VASRD code 5299-5262, rated at 30%, rather than pay; rather, on that date he was released from active duty and on 13 September 2005 his name was
AF | PDBR | CY2009 | PD2009-00061
AF | PDBR | CY2009 | PD2009-00063
Dermatitis/Latex Condition . Other Conditions . There were several other medical conditions documented in the service and VA records.
AF | PDBR | CY2009 | PD2009-00064
SUMMARY OF CASE : This covered individual (CI) was a 1LT medically separated from the Army in 2007 after 4 years of service. CI CONTENTION(S) : Medical discharge for PTSD at 10% for PTSD. Would like review for medical retirement.
AF | PDBR | CY2009 | PD2009-00065
BOARD DATE: 20090610 SEPARATION DATE: 20060321 Although more than six months had passed at the time of separation, no documentation of further diagnosis or evidence of resolution of symptoms was found in the CI’s service treatment record. The Navy PEB found him unfit for continued service and he was separated with a 0% disability rating for 5025 Fibromyalgia using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy regulations.
AF | PDBR | CY2009 | PD2009-00066
CI CONTENTION : The CI contends that he has multiple additional injuries and conditions related to his service, which should have been considered. Back Rating . The VA exam demonstrated better ROM (flexion 95⁰) with no exam elements to meet any higher rating threshold.
AF | PDBR | CY2009 | PD2009-00067
AF | PDBR | CY2009 | PD2009-00068
RECOMMENDATIONS: Sergeant B---'s current medical condition of chronic psoriasis precludes him from continuation on active duty; and he is, therefore, going to be referred to the Physical Evaluation Board for further evaluation and disposition. No other medical conditions were documented; REVIEW OF SYSTEMS: Musculoskeletal - the patient complains of chronic knee pain. Other Conditions.
AF | PDBR | CY2009 | PD2009-00069
CI CONTENTION : The CI states: “I was in the navy for 7 1/2 years and when I faced the PEB board they told me to be separated unfit with a rating of 0% and after filing with the VA they rated me 100% and 50% of that rating was just my back injury and the whole reason for the PEB board where they said i had "unresolved bereavement ,chronic thoracic back pain, upper right quandrant pain", and the "unresolved bereavement" later would be called PTSD by the VA. However, no evidence shows that...
AF | PDBR | CY2009 | PD2009-00070
Chest Pain Rating . The Board considered whether to re-adjudicate the underlying chest pathology as separately unfitting, especially considering the possibility of pulmonary compromise ratable at 10% from the pre-separation PFT’s. IAW §4.3 of the VASRD (reasonable doubt), therefore, the Board decided by a 2:1 vote that the scar code was indicated as an addition to the separation rating.
AF | PDBR | CY2009 | PD2009-00071
ROMs were pain limited to Cervical: 30˚/190˚, and Thoracolumbar 30˚/140˚. Although Physical Evaluation Board findings showed that your chronic cervical and thoracic pain was secondary to myofascial pain syndrome, VA finding showed instability of the cervical spine with limited range of motion, and chronic sprain, with scoliosis thoracolumbar spine, with limited range of motion which warrant the higher evaluation. The Cervical spine condition rating of 5021-5237 at 20% for forward flexion...
AF | PDBR | CY2009 | PD2009-00072
These disabling conditions, along with the necessary medications for the pain and depression associated with these conditions, is why this rating should be reviewed by the PDBR. The initial VA rating and exam did not have the history of opioid dependence or treatment and separately rated the CI at 30%. Fusion of the lower back resulting in lower back pain and limitation of range of motion AND FUNCTION524140%Major depressive...
AF | PDBR | CY2009 | PD2009-00076
The CI had excessive daytime sleepiness and was diagnosed with OSA requiring CPAP as noted above. Right Knee Condition . The 5 months after separation VA exam, demonstrated ‘tender patella tendon, tender patella rub, prominent tibial tubercle; no instability.’ History on both exams noted increased pain with activity, walking and standing, but did not indicate painful motion, or pain-limited motion of the knee.
AF | PDBR | CY2009 | PD2009-00077
Although the VA rating exam cited above would yield a 30% rating, no repeat rating decision is in evidence. The VA rating examination 11 months later did not provide full goniometric ROM measurements for the thoracolumbar spine, stating the CI was too unsteady to cooperate with them. In the matter of the chronic neck pain condition, the Board unanimously recommends a rating of 20% coded 5242 IAW VASRD §4.71a.
AF | PDBR | CY2009 | PD2009-00078
Despite back surgeries, physical therapy, injections, and an implanted spine stimulator, CI had continued back pain and radicular symptoms. The VA rated CI’s back at 60% for herniated disc surgery with loss of motion and radiculopathy with nerve stimulator implant, using code 5293 (intervertebral disc syndrome) based on an exam in 2002, early in CI’s TDRL period. The Board unanimously voted to rate CI’s back condition and pain-limited LS ROM under VASRD code 5243 at 40%.
AF | PDBR | CY2009 | PD2009-00079
The CI was medically separated with a 10% disability rating. The CI’s opinion that he had not improved over the course of his TDRL period can be both supported and questioned by various provider notes. It therefore recommends a disability rating of 30% at the time of medical separation.
AF | PDBR | CY2009 | PD2009-00080
CI CONTENTION : The CI states: ‘After review of my disability by the Department of Veterans Affairs I was rated at 50% for my unfitting condition and 80% overall for a combined rating.’ The CI’s condition at the time of separation from service warrants a 30%. The Board also considered the condition of Episode of Loss of Consciousness and unanimously determined that this condition was not unfitting at the time of separation form service.
AF | PDBR | CY2009 | PD2009-00082
The Army Formal Physical Evaluation Board (PEB) determined that his left knee condition made him unfit for military service, and granted a 20% disability rating for Left Knee Pain, without neurologic abnormality. In the matter of the Left Knee Pain, the Board unanimously recommends a rating of 10% coded 5099-5010 IAW VASRD §4.71a. Left Knee Pain5099-501010%Left Knee Instability5299-525710% COMBINED 20% ________________________________________________________________
AF | PDBR | CY2009 | PD2009-00083
At the PEB, his unfitting diagnosis on the DA Form 199 was: Chronic Mechanical Low Back Pain, without Neurologic Abnormality or documented Chronic Paravertebral Muscle Spasms on Repeated Examinations, with Characteristic Pain on Motion. These other conditions are all judged by the Board to be not unfitting at the time of separation from service, and are not relevant for disability rating. In the matter of the painful back condition, the Board unanimously recommends a rating of 10% for...
AF | PDBR | CY2009 | PD2009-00084
The PEB adjudicated the HTN as not unfitting and the CI was separated at 10% for the back condition. A default to the 30% VA rating would not accurately reflect the relevant medical evidence at the time of separation. RECOMMENDATION : The Board therefore recommends that there be no re-characterization of the CI’s disability and separation determination.
AF | PDBR | CY2009 | PD2009-00085
The medical basis for separation was left knee pain. The Board unanimously recommends that at the time of separation, the low back pain was not unfitting and is therefore non-ratable. These other conditions are all judged by the Board to be not unfitting at separation from service, and are not relevant for disability rating.
AF | PDBR | CY2009 | PD2009-00087
The commander attributed the CI’s duty restrictions to his lower back pain (LBP) and leg pain from bilateral varicose veins. Due to prolonged duty restrictions, the CI was referred to the PEB, found unfit and separated at 20% disability for his bilateral varicose veins. The CI's profile was for LBP and varicose veins and listed restrictions that could not be attributed to varicose veins alone.
AF | PDBR | CY2009 | PD2009-00088
The Navy Informal Physical Evaluation Board (PEB) found her unfit for continued service and she was separated with a 10% disability rating for 7900 Graves hyperthyroidism resistant to one treatment of radioactive iodine using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. Using an evaluation done at the time separation from the Navy, the Veterans Administration (VA) rated this disability as 7900 Graves...
AF | PDBR | CY2009 | PD2009-00089
The CI was prohibited from participation in the Army Physical Fitness Test (APFT) at the time of separation. Therefore, on detailed review, the CI’s condition was appropriately rated by the PEB, consistent with the VA, and IAW VASRD §4.119. The Board unanimously concluded that there are no other medical conditions in this case meriting recommendation as additionally unfitting.
AF | PDBR | CY2009 | PD2009-00091
The Air Force Informal Physical Evaluation Board (PEB) found him unfit for continued service with a combined rating of 10% for 6100 asymmetrical hearing loss, mild on the right and moderate on the left using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force regulations. Using an evaluation done two months after separation from the Air Force, the Veterans Administration (VA) rated his hearing loss at 0% under VASRD code 6100 and also rated 6260 Tinnitus...
AF | PDBR | CY2009 | PD2009-00093
The medical basis for the separation was a cervical condition. There were no other injuries or medical conditions associated with this case. The PEB adjudication in this case reflected application of the service-specific ‘pain rule’ to the cervical rating, which was eliminated as a factor in this board’s rating.
AF | PDBR | CY2009 | PD2009-00094
If used, it would most likely be at the "Moderate" knee disability 20% level considering the totality of CI's knee exam and post-separation VA exam which demonstrated no worsening of CI's knee condition. In the matter of the Right Knee condition, the Board unanimously recommends separately coding the instability and painful motion of the CI's right knee with a rating of Chronic right knee instability s/p trauma, 5010-5257 at 20% and Right knee pain limited motion s/p trauma, 5010-5260 at...
AF | PDBR | CY2009 | PD2009-00095
The CI has submitted an appeal to the VA to apply the 40% rating to the time of separation, and contends to the PDBR that the severity of his impairment warranted a higher PEB rating as well. The Board applied the rating criteria elaborated in §4.56 of the VASRD for Group XIII muscle injuries, appropriate to this case. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2009 | PD2009-00096
The Physical Evaluation Board (PEB) adjudged the PTSD, TBI, and Neural Hearing Loss to be unfitting for continued military service. PTSD Rating Recommendation . The most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case is an extrapolation from the MEB exam (6 mo pre-separation), the VA initial psychiatric rating evaluation (2 weeks pre-separation) and the VA PTSD review evaluation (21 months after separation) including VA...
AF | PDBR | CY2009 | PD2009-00097
The Air Force Physical Evaluation Board (PEB) found her unfit for continued service and she was separated with a 20% disability rating for 5025 Fibromyalgia using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force regulations. The Board examined all the other conditions that were rated by the VA and did not find any to be separately unfitting. Having received and considered the recommendation of the Physical Disability Board of Review and under the...
AF | PDBR | CY2009 | PD2009-00098
The Physical Evaluation Board (PEB) adjudicated the back condition (rated 10%) and OSA (rated 0%) as unfitting. The neurology addendum and the MEB physical, both within two months of the VA examination, documented a normal gait. Other Conditions .
AF | PDBR | CY2009 | PD2009-00099
SUMMARY OF CASE : This covered individual (CI) was an NCO medically separated from the Army in 2005 for PTSD and a back condition. The CI’s unfitting back pain developed during the OIF tour, without specific trauma. The VA rated him 30%, and that rating has stood over time.
AF | PDBR | CY2009 | PD2009-00100
CI CONTENTION : “The percent assigned by the USAF evaluation board was a 10% disability rating for my back condition but the VA gave me a 30% disability rating, within a 9 month period since my separation, effective March 8, 2003 for the same condition. Back Pain with Radiculopathy The pertinent military records of the Department of the Air Force relating XXXX be corrected to show that the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 23...
AF | PDBR | CY2009 | PD2009-00104
The CI was referred to the PEB, found unfit for the Asthma condition, determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Other Conditions . There is no evidence that supports finding either migraines or gastroesophageal reflux disease unfit and therefore these conditions are not rated.
AF | PDBR | CY2009 | PD2009-00105
The other three conditions were adjudicated as not unfitting and the CI was medically separated with a combined disability rating of 20%. Since combining the PEB’s two 10% ratings into a single 20% rating would be of no total benefit to the CI, the Board sees no reason for recommending this coding option. He also states that the majority of his discomfort is back pain related and not related to leg pain.’ The VA rating examiner documented a normal motor examination but did not detail a...
AF | PDBR | CY2009 | PD2009-00106
The MEB forwarded the PTSD, MDD, Psychological Factors Affecting a General Medical Condition, Right shoulder pain, LBP, neck pain, and right knee pain conditions to the PEB as medically unacceptable IAW AR 40-501. The most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case is the VA psychiatric rating evaluation 4 months after separation. In the matter of the Chronic Right Shoulder & Knee Pain condition, the Board unanimously...
AF | PDBR | CY2009 | PD2009-00107
The medical basis for the separation was chronic low back pain (LBP) with a tethered spinal cord. The VA noted increased radicular pain (from the military exam) to the right leg and granted a 10% rating effective 20060830 "the date of the VA exam as there was no medical evidence showing a diagnosis for this condition prior to VA examination." The CI's radicular pain was considered by the PEB and found not to be unfitting.
AF | PDBR | CY2009 | PD2009-00110
The 40% rating has carried through subsequent VA ratings, and more recent ROM exams reflect no improvement. The initial PEB included a 20% rating for a right C6-7 radiculopathy (rated equivalently by the VA). On the final PEB adjudication for permanent retirement, the radiculopathy was not carried as an unfitting condition.
AF | PDBR | CY2009 | PD2009-00111
The CI was referred to the Navy Physical Evaluation Board (PEB) and determined unfit for continued Naval service. He revealed his anxiety disorder on his commissioning physical but denied any symptoms at the time and the condition was considered resolved. The CI’s condition worsened over time and the VA increased his rating to 50% effective two years after he separated from the Navy.
AF | PDBR | CY2009 | PD2009-00112
The VA therefore rated 10% for history of seizures from the service records. All evidence considered, the Board recommends a separation rating of 20% for the nonepileptic seizure condition. In the matter of the nonepileptic seizure condition, the Board unanimously recommends a rating of 20% coded 8999-8911 IAW VASRD §4.124a.
AF | PDBR | CY2009 | PD2009-00114
The seizure types, timing and characterization as major or minor were clearly agreed upon by the USN, VA and the CI. Major and minor seizures are considered together in the VASRD and rating is based on the type (major or minor), frequency, and currency of the seizure(s). The Board accepted the BCNR’s rationale that had the CI’s seizures not been well controlled at any earlier dated PEB, the CI would not have received a higher permanent rating, but either placed on TDRL or continued on duty...
AF | PDBR | CY2009 | PD2009-00115
The Asthma was determined to be medically unacceptable and the CI was referred to the Physical Evaluation Board (PEB). The PEB determined she was unfit for continued military service and she was separated with a 10% disability rating using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Although the CI’s pulmonary function testing never documented FEV1 or FEV1/FVC% measurements that reached the minimum...
AF | PDBR | CY2009 | PD2009-00116
VA initial rating used the Service treatment records with limited range of motion, with limited ROM, with flexion 45/45, extension 20/45, rotation 40/80 on the right and 30/80 on the left with painful motion shown. The VA rated the knee at 10% based on Service treatment records showing limited range of motion, with flexion to 130/140˚. Commander's memo specifically noted neck and back pain as unfitting and did not include any duty limitations due to CI's right knee.
AF | PDBR | CY2009 | PD2009-00117
In Mar 2008 CI had a post service treatment record VA diagnosis of adjustment disorder with anxiety and systemic disorder that was changed to a diagnosis of PTSD in May 2008. Accordingly the issue of whether to add PTSD as an unfitting diagnosis is beyond the scope of this board (but can of course be addressed by the CI’s Service Board for Corrections). The Board unanimously voted to rate each knee separately at 10% and not to add any other unfitting condition(s).
AF | PDBR | CY2009 | PD2009-00118
There is documentation by the CI and the examiner in the MEB physical examination of a left shoulder complaint independent of the hydradenitis suppurativa complications. The VA rating examiner four months after separation did not provide a detailed account of functional limitations from the neck condition, but did state ‘The patient also has persistent neck pain but mainly his endurance and his ability to write has been impaired by pain in his left shoulder and also fatigability in using...
AF | PDBR | CY2009 | PD2009-00119
The Board evaluated all MEB diagnoses and all VA rated conditions and found only those diagnoses specifically relating to CI’s back (lumbosacral area; LS), SI joint, right hip, and right leg radiculitis (RLE) to rise to the level of unfitting. The Board considered differing diagnoses between the PEB and VA, and by majority determined that CI’s disabilities were primarily from her SI joint and LS area with radiculopathy, so did not consider separately coding for right hip joint dysfunction...
AF | PDBR | CY2009 | PD2009-00120
The Navy PEB acknowledged the objective findings of mild intervertebral disc bulges from L3 through S1 and mild bilateral neural foraminal narrowing at L4 through S1, they declared these to be conditions related to the mechanical low back pain and not compensable. Using an evaluation completed five months before the time of separation from the Marine Corps, the Veterans Administration (VA) rated this disability as 5238-5243 Disc Protrusion L3 through S1 with Foraminal Stenosis Lumbar Spine...
AF | PDBR | CY2009 | PD2009-00124
Other Conditions . This was rated 40% by the VA. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.