AF | PDBR | CY2009 | PD2009-00621
The Board does not have the authority to render fitness or rating recommendations for any conditions not considered by the DES. Exhibit C. Department of Veterans' Affairs Treatment Record. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review xxxxxxx records not be corrected to reflect a change in either his characterization of separation or in the disability rating...
AF | PDBR | CY2009 | PD2009-00622
VASRD criteria for rating epilepsy are based on the frequency of major or minor seizures. At the time of the October 31, 2005 Compensation and Pension (C&P) examination, approximately six months before TDRL reevaluation in 2006, the CI reported experiencing four seizures: one seizure in April 2004, May 2004, October 20, 2004, and in early January 2005, with no seizures between January 2005 and the VA C&P examination. The Board must determine the most appropriate fit with VASRD §4.124a...
AF | PDBR | CY2009 | PD2009-00623
The PEB determined the s/p ACL reconstruction left knee to be a unfitting condition, rated at 10%, and that bilateral knee pain was a related, but not separately unfitting (category II) condition, with application of the SECNAVINST 1850.4E and DoDI 1332.3. The Board noted that the painful limitation of ROM, noted on some exams, was sufficient for rating IAW §4.59 (painful motion). Other PEB Conditions .
AF | PDBR | CY2009 | PD2009-00624
It was the opinion of the MEB that the CI, because of his physical limitations, would be unable to fulfill his duties as an active duty Marine and his case was referred to the PEB for final disposition. The VA C&P examination on 8 April 2009, one month after separation, noted that he was taking medication with no episodes of atrial fibrillation since separation; however, he had not performed any heavy exertional activities due to the order from his Cardiologists to not exercise due to the...
AF | PDBR | CY2009 | PD2009-00626
In spite of treatment, he continued to have persistent left ankle pain and swelling. After this re-injury, the left ankle did not do well. Other PEB Conditions .
AF | PDBR | CY2009 | PD2009-00627
The informal PEB adjudicated the PTSD condition as unfitting and rated 10%; with apparent application of DoDI 1332.39 E2.A1.5 which was in effect at the time of the PEB. Therefore the CI had no VA rated medical condition until 16 months after separation (applied retrospectively). After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation...
AF | PDBR | CY2009 | PD2009-00629
If the CI were instead rated under codes for vertigo and headache, the rating would be more favorable to the CI. Minority Opinion : The Action Officer recommends separate migraine headaches and vertigo coding and rating in this case regarding the very strong evidence of the migraine headaches and vertigo as separately unfitting conditions. To say that a 10% rating more accurately reflects the disability picture of the CI, rather than the use of an alternate scheme that rates the individual...
AF | PDBR | CY2009 | PD2009-00630
Although no treatment record diagnosis of hypertension (HTN) was found in the records available to the Board, the MEB physical note indicated medication for blood pressure and the VA records indicated a diagnosis of HTN while in service in 2006 while on active duty. The Board deliberated what the CI’s HTN would rate under code 7101 (required for consideration in rating renal disease) and considered the evidence of likely in-service labile HTN, and that the VA HTN exam three months post...
AF | PDBR | CY2009 | PD2009-00631
The Navy Physical Evaluation Board (PEB) determined both Post Concussion Syndrome and PTSD were unfitting for continued Naval service. The cognitive impairment is objectively documented with the neuropsychological testing and cannot not be included in the 10% rating for subjective symptoms. The CI’s VA C&P examination was completed prior to separation from service.
AF | PDBR | CY2009 | PD2009-00633
I recommend that this officer be released from his service obligation via a medical discharge.’ On 20040316 the CI’s case met a LIMITED DUTY BOARD which determined the CI be placed on an 8 month Limited Duty Board during which time a workup will be undertaken for his seizure disorder. After careful consideration of all available information the Board unanimously determined that the CI’s seizure disorder is appropriately rated as 8910 Primary Generalized Seizure Disorder at 10% disability...
AF | PDBR | CY2009 | PD2009-00634
The 7 September 2004 PEB found the CI unfit for status post PE, resolved, rated at 0% disability with category II and III (not unfitting/not compensable) diagnoses of OSA, PFS, myofascial pain (new diagnosis), chronic fatigue secondary to deconditioning, and obesity. The examiner opined that the CI had a history of bilateral PE, but was doing well on coumadin therapy; however, the etiology of the chronic joint pain was unclear. The PEB applied the code 6354 (chronic fatigue syndrome [CFS])...
AF | PDBR | CY2009 | PD2009-00635
The PEB reconvened on 20080104 and evaluated the CI as 10% disabled due to Fibromyalgia Syndrome (5025) and again considered the CI’s mental health condition. However, the VA included all of the CI’s mental health symptoms in its rating for fibromyalgia. The occupational and social impairment that resulted from the CI’s Depressive Disorder with Anxious Mood is sufficient to warrant a 30% rating separate from the fibromyalgia.
AF | PDBR | CY2009 | PD2009-00638
Left hip condition . All evidence considered, the Board unanimously recommends a 20% disability rating for the left hip condition (coded 5255, IAW VASRD §4.71a). Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2009 | PD2009-00640
CI CONTENTION : The CI states: “I was far more disabled than the military medical examiner thought and I was not examined thoroughly enough. The examiner also noted the CI continued to minimize both his PTSD and alcohol abuse. He rated his pain as an 8.
AF | PDBR | CY2009 | PD2009-00641
The medical basis for the separation was Major Depressive Disorder, Single Episode, and moderate in severity (MDD). The VA examination at four months post-separation stated “The Veteran has two Axis I diagnoses (PTSD and Depressive disorder, NOS) that mutually aggravate one another, and I cannot ascribe a specific degree of impairment of any one, independent of the other, with any medical certainty, without resorting to speculation.” The CI’s symptoms that would typically be attributable to...
AF | PDBR | CY2009 | PD2009-00642
The medical basis for the separation was Radial and Ulnar Nerve Palsy of the Right Upper Extremity (right forearm nerve damage-RUE), Right Shoulder Posterior Subluxation (shoulder dislocation), and Left Open Thumb Metacarpal Fracture. The informal Physical Evaluation Board (PEB) adjudicated the Radial and Ulnar Nerve Palsy of the RUE as unfitting rated 20%, Right Shoulder Posterior Subluxation as unfitting rated 0%, and Left open Thumb Metacarpal Fracture as unfitting rated 0%; with...
AF | PDBR | CY2009 | PD2009-00647
The CI was then separated with a 20% disability rating. Seronegative Arthritis : The Board focused on the final rating for this condition at the time of removal from TDRL and final separation. RECOMMENDATION : The Board therefore recommends that there be no re-characterization of the CI’s original TDRL disability and permanent separation determination.
AF | PDBR | CY2009 | PD2009-00648
PHYSICAL DISABILITY BOARD OF REVIEW At his VA C&P examination in October 2006 he reported constant low back pain with radiation to the left leg. After thorough review of all available evidence, the Board unanimously agrees that it could not find sufficient evidence supporting the mental condition as unfitting at the time of separation from service.
AF | PDBR | CY2009 | PD2009-00650
The service treatment record (STR) included a pre-deployment health assessment that noted the CI was non-deployable pending a dental exam and evaluation by cardiology and mental health for symptoms of chest pain, hyperventilation, and dizziness to rule out cardiac disease and/or anxiety disorder. As described above, the CI was referred to Mental Health for further evaluation of his chronic pain, where he was diagnosed with Chronic Anxiety Disorder with Agoraphobia. While the CI did have a...
AF | PDBR | CY2009 | PD2009-00653
The PEB adjudicated the ACL deficient right knee condition as unfitting, and assigned a disability rating of 10%. In the matter of the ACL deficient right knee, the Board unanimously recommends a disability rating of 10%, coded 5299-5003 IAW VASRD §4.71a. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review Mr. XXXXX’s records not be corrected to reflect a change in...
AF | PDBR | CY2009 | PD2009-00654
The CI was referred to the Physical Evaluation Board (PEB), found unfit for continued Naval service, and separated at 20% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. The Board also considered the conditions of Right Wrist Scar and Bronchiectasis and unanimously determined that neither condition was unfitting at the time of separation from service and therefore no disability rating is applied to...
AF | PDBR | CY2009 | PD2009-00655
The CI’s left knee instability was documented multiple times in his service treatment record (STR) and NARSUM and continued after he separated from service. It is not possible to separate out pain symptoms due to patellofemoral pain syndrome and pain symptoms due to Cartilage, semilunar, removal of, symptomatic. The Board considered the condition of Anxiety Disorder--NOS and unanimously determined that this condition was not unfitting at the time of separation from service and therefore no...
AF | PDBR | CY2009 | PD2009-00657
The CI was referred to the Physical Evaluation Board (PEB), determined unfit for continued Naval service, and separated at a 20% combined disability using the Veterans Affairs Schedule for Rating Disabilities (VASRD) and applicable Naval and Department of Defense regulations. The Board rates unfitting conditions based on the medical evidence of functional impairment IAW the VASRD. Prior to 2008 the military service PEBs generally did not recognize pain limited range of motion or painful...
AF | PDBR | CY2009 | PD2009-00659
Headache Condition . The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2009 | PD2009-00660
In spite of nonsteroidal anti-inflammatory medications, physical therapy, and steroid injections, the CI had continuous periods of limited duty (LIMDU), and was then referred to the Medical Evaluation Board (MEB). Painful right knee; and 3. Knee Medial Meniscus Tear and Patellofemoral Plica Syndrome525710%20080915Painful R. Knee-S/P Surgical Repair of R. Knee Medial Meniscal Tear-↓No Additional MEB Entries↓Irritable Bowel Syndrome731930%20080915Sternal Pain s/p Fx...
AF | PDBR | CY2009 | PD2009-00663
Left Knee Condition . Other Conditions : The CI additionally contended for lower back, and depression with insomnia conditions which the VA rated and associated with the CI’s knee condition; tinnitus which the VA rated at 10%; and right leg and bilateral ankles. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2009 | PD2009-00664
Back Condition . It was noted in the STRs on 11 June 2008 that the CI had an antalgic gait due to his back pain two months prior to separation. Although the CI’s subjective pain complaints may have increased from the time of the MEB exam until separation, there was no evidence of any aggravating event or clinical correlation with a worsening condition of the healed lumbar fractures.
AF | PDBR | CY2009 | PD2009-00666
The informal Physical Evaluation Board (PEB) determined the CI was unfit for continued Naval service secondary to the Right Elbow condition. The CI was then separated from service at a 10% disability using the Veterans Affairs Schedule for Rating Disabilities (VASRD) and applicable Navy and Department of Defense regulations. There is no evidence that this condition was unfitting at the time the CI separated from service and therefore no disability rating is recommended.
AF | PDBR | CY2009 | PD2009-00667
The CI was medically separated with a disability rating of 10%. There were multiple VA treatment notes for the CI’s knee conditions. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2009 | PD2009-00676
Independently rating the CI’s DM at separation, considering the evidence in the military and pre-separation VA records, absent any non-compliance deduction, and considering “complications that would not be compensable if separately evaluated” (by the military) the CI would best fit the 60% 7913 criteria of “Requiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month...
AF | PDBR | CY2009 | PD2009-00678
Antalgic gait; Neurostimulator in place§4.71a Rating10%20%20%20%The MEB exam on 18 October 2006, four months prior to separation, indicated the CI had an antalgic gait, positive SLR, and subjective numbness to the left groin. Although the VA exam did not document antalgic gait, it met the ROM criteria for a 20% evaluation and the Board could not reasonably consider different portions of different exams for a less favorable rating. In the matter of the GERD condition, or any other medical...
AF | PDBR | CY2009 | PD2009-00680
His left femoral neck fracture condition was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW SECNAVINST 1850.4E. Therefore, the Board felt that the analogous code 5299-5255 would best fit the CI’s left hip condition at the time of separation from service. In the matter of the left femoral neck fracture, the Board unanimously recommends a rating of 20% (coded 5299-5255) IAW VASRD §4.71a.
AF | PDBR | CY2009 | PD2009-00684
After due deliberation, considering all of the evidence and mindful of VA Schedule for Rating Disabilities (VASRD) §4.3 (reasonable doubt), the Board concluded that the CI’s back condition most nearly approximated the 40% rating IAW the VASRD general rating formula for spine diseases, thoracolumbar flexion 30° or less. The Board thus has no basis for recommending any additional unfitting conditions for separation rating. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATION
AF | PDBR | CY2009 | PD2009-00685
CI CONTENTION : The CI requests review of his “separation findings and conclude a 60% disability rating due to my chronic pulmonary thromboembolism requiring anticoagulant therapy.” He additionally lists his VA service connected rating for scoliosis as per the rating chart below. Treatment records (civilian and military) from March 2001 to the time of the MEB two years later reflected recovery and absence of recurrent blood clots or pulmonary emboli (pulmonary thromboembolism). Other PEB...
AF | PDBR | CY2009 | PD2009-00687
The Board determined therefore that none of the stated conditions were subject to a service disability rating. In the matter of the residuals of right index finger metacarpal neck open fracture/ right index finger metacarpophalangeal joint contracture and the extensor tendon adhesion (post-shrapnel injury) and IAW VASRD §4.71a, the Board unanimously recommends a change in rating to 10%, coded 5229. In the matter of the PTSD condition or any other medical conditions eligible for Board...
AF | PDBR | CY2009 | PD2009-00688
Although had hearing loss stabilized, repeated exposure to noisy military environments was believed to further aggravate his condition and he therefore underwent a Medical Evaluation Board (MEB). Sensorineural Hearing Loss. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review XXX’s records not be corrected to reflect a change in either his characterization of...
AF | PDBR | CY2009 | PD2009-00689
All evidence considered, there is not reasonable doubt in the CI’s favor supporting a change from the PEB’s 20% rating decision for the rheumatoid arthritis condition. Service Treatment Record. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2009 | PD2009-00690
He was again noted to have 100% discrimination and normal hearing on the right with no hearing on the left. The C&P ear exam noted that, by history, he still walked with unsteadiness and had difficulty with sudden movements. The Board then considered the appropriate disability ratings.
AF | PDBR | CY2009 | PD2009-00692
No other conditions were service connected with a compensable rating by the VA within twelve months of separation or contended by the CI. In the matter of any other medical conditions eligible for Board consideration, the Board unanimously agrees that it cannot recommend any findings of unfit for additional rating at separation. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability...
AF | PDBR | CY2009 | PD2009-00693
The Board must then determine the most appropriate fit with VASRD §4.130 criteria at six months post-separation for its permanent rating recommendation. The Board notes that the first VA rating decision relied on a C&P exam dated 9 August 2006, which is not in evidence. In determining the permanent rating the Board considered that the CI’s condition was consistently severe from the point of his convalescent leave through the VA examinations after separation.
AF | PDBR | CY2009 | PD2009-00698
In addition to considering the appropriate rating at separation for the unfitting degenerative disk disease of the cervical spine, the Board must consider whether left cervical radiculopathy should be recommended as a separately unfitting condition. First, the Board considered the appropriate rating for the unfitting cervical spine multi-level degenerative disk disease at separation. A November 6, 2002 (seven months before separation) spine surgery clinic note records that the “neck pain...
AF | PDBR | CY2009 | PD2009-00699
The medical bases for the separation were chronic low back pain, herniated L4-5 disc, and chronic left L-5 radiculopathy. The PEB adjudicated herniated L4-5 disc condition unfitting rated at 10%, and chronic left L5 radiculopathy as unfitting rated 10%. All evidence considered, there is not reasonable doubt in the CI’s favor supporting a change from the PEB’s 10% rating decision for the chronic low back pain condition, coded 5237.
AF | PDBR | CY2009 | PD2009-00701
ConditionCodeRatingConditionCodeRatingExam Bilateral Ankle DJD5299-500310%Bilateral Ankle DJD, S/P Left Ankle Arthroscopic Debridement*5010-527120%20030322Ankle Impingement and Loose BodiesCATIIS/P Arthroscopic Debridement L Ankle for Tibiotalar SpurringCATIII↓No Additional MEB / PEB Entries↓0% x 0 / Not Service Connected x 320030322 Combined: 10%Combined: 20% *VA initially rated 10% based on service records, CI did not show for C&P examination scheduled for 20020917, rating increased to 20%...
AF | PDBR | CY2009 | PD2009-00702
Other PEB Conditions (Neck/Back Condition) . These conditions were discussed by the Board and were considered and rated as part of the CI’s chronic pain syndrome, and therefore were not separately rated. In the matter of the cervical, low back and sacral sclerosis conditions, the Board unanimously recommends no recharacterization of the PEB adjudications as not (separately) unfitting, but with inclusion on rating the CI’s chronic pain condition.
AF | PDBR | CY2009 | PD2009-00703
There was no functional impairment separately unfitting from the surgical scar or the radiculopathy secondary to the degenerative disc disease of the cervical spine. Thus the Board cannot support a recommendation for additional rating based on the scar or peripheral nerve impairment. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2009 | PD2009-00706
The PEB found the left ankle condition unfitting, and rated it 0%. Also many other conditions have been found that are service connected.” In block 14 of DD Form 294 the CI lists his VA rated conditions, so a contention for their inclusion in the separation rating is therefore implied. |UNFITTING CONDITION |VASRD CODE |RATING | |Left Ankle Pain, With Limitation Of Ankle Motion |5271 |10% | |(Moderate) | | | |COMBINED |10% | The following documentary evidence was considered: Exhibit A. DD...
AF | PDBR | CY2009 | PD2009-00707
The VA considered the CI’s foot conditions (Bilateral Plantar Fasciitis with Pes Planus) as combining for foot disability IAW VASRD §4.71a-29 using rating Code 5276 Flatfoot; acquired and awarded the CI with a rating of 30% (severe, bilateral). The Board considered the overlap of foot symptoms from the two inter-related conditions (Plantar Fasciitis and Pes Planus) and rating as a single bilateral code of 5276 at 30% (severe, bilateral) as the VA rated the combined foot conditions. After...
AF | PDBR | CY2009 | PD2009-00709
Right Ankle Condition . All evidence considered proximate to the CI’s date of separation, there is not reasonable doubt in the CI’s favor supporting the addition of the lower back condition as an unfitting condition for separation rating. The CI’s contended depression was not in evidence at the time of separation and the worsening of his ankle and lower back conditions cannot be adjudicated by the Board.
AF | PDBR | CY2009 | PD2009-00711
Following treatment including two surgeries and two periods of limited duty, the CI did not respond adequately to perform within his rating and underwent a Medical Evaluation Board (MEB). Left Foot Condition. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review Mr. XXXX’s records not be corrected to reflect a change in either his characterization of separation or in...
AF | PDBR | CY2009 | PD2009-00712
The examiner recorded an antalgic gait but documented absence of muscle spasm. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. Exhibit C. Department of Veterans' Affairs Treatment Record.