AF | PDBR | CY2010 | PD2010-00450
CI CONTENTION : The CI’s contention, provided by the Disabled American Veterans National Service Office, asserts that the CI’s back pain condition is unfitting and should be appropriately rated 20% by VASRD standards; that the CI’s hearing loss is unfitting but not compensable by VASRD standards; that the CI’s back condition should be awarded an additional 10% rating for compression fracture with 60% loss of vertebral height; and that tinnitus should be added as an additional unfitting...
AF | PDBR | CY2010 | PD2010-00452
The PEB adjudicated the chronic low back pain condition, coded 5299-5237 (analogous for lumbosacral strain) with a 10% rating. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: Service Treatment Record
AF | PDBR | CY2010 | PD2010-00458
Back Condition. The Board also considered a rating under the code 5293; the record supported “moderate; recurring attacks,” for a 20% rating. The CI’s medical records document a headache condition.
AF | PDBR | CY2010 | PD2010-00460
An Informal PEB (IPEB) adjudicated the MDD condition as unfitting, rated 10%, with application of the Veterans’ Administration Schedule for Rating Disabilities (VASRD) and recommended separation. RECOMMENDATION: The Board therefore recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: |UNFITTING CONDITION |VASRD CODE |TDRL |PERMANENT | | | |RATING |RATING | |Major Depressive Disorder |9434 |30% |10% | |COMBINED |30% |10% | The...
AF | PDBR | CY2010 | PD2010-00462
Right ankle Condition . The Board noted that the FPEB rated the ankle at 20% based on a marked decrease in both plantar flexion and dorsiflexion of the right ankle shown in the physical therapy examination. The Board then considered the sensory neuropathy and post-surgical scars as additionally unfitting conditions for disability rating.
AF | PDBR | CY2010 | PD2010-00466
This case specifically focuses on the CI’s fitness for duty at separation for contended conditions and rating the right knee condition and any other condition additionally found to be unfitting at separation. Right Knee Condition . The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2010 | PD2010-00469
The MEB examination was most consistent with the general description for a §4.130 rating of 30%, demonstrating “occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.” All six descriptors at the 30% level are manifested in the MEB examination and the VA C&P examination 2.5 months after separation. Four of nine descriptors at the 50% level are noted in the MEB examination: constricted expressions,...
AF | PDBR | CY2010 | PD2010-00474
The PEB coded the CI as 6602, asthma, and rated him at 10%. After due deliberation considering all of the evidence, the Board recommends a separation rating of 30% for the asthma condition. 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 permanent disability retirement, effective as of the date of his prior medical separation:
AF | PDBR | CY2010 | PD2010-00496
The VA considered the mild left lower extremity weakness noted at the C&P exam in their 10% rating for the lumbar spine condition. Other PEB Conditions. In the matter of the thoracic disc, neck injury headaches, adjustment disorder and tinnitus conditions or 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.
AF | PDBR | CY2010 | PD2010-00506
The most proximate sources of comprehensive evidence on which to base the permanent rating in this case is a combination of the pre-separation exams [MEB Psychiatric evaluation 6 months pre-separation, Narrative Summary (NARSUM) 5 months pre-separation, Non Medical Assessment (NMA) 4 months pre-separation, VA Special Psychiatric Examination 2 days pre-separation] , the VA Compensation and Pension (C&P) examination 8 months post separation with VA treatment notes and rating information for...
AF | PDBR | CY2010 | PD2010-00520
The Informal PEB (IPEB) adjudicated the post-concussive syndrome and cervical dystonia condition as unfitting, rated 10%, respectively with application of the DoDI 1332.39 and Veterans’ Administration Schedule for Rating Disabilities (VASRD). According to the examiner, other than PTSD, there were no other mental symptoms. During the NP testing and psychiatry evaluation, the CI indicated that these symptoms were not functionally impairing and the CI did not seek or receive treatment for PTSD.
AF | PDBR | CY2010 | PD2010-00522
The informal Physical Evaluation Board (PEB) adjudicated the mesenteric thrombosis condition as unfitting, rated 10% with presumptive application of DoDI 1332.39 (E2.4.1). Although sympathetic with the CI regarding the lack of better VASRD guidance for rating his case, the Board cannot find reasonable doubt in his favor to support a recommendation for other than the code and rating as adjudicated by the PEB for this condition. The Board therefore has no reasonable basis for recommending...
AF | PDBR | CY2010 | PD2010-00523
The VA rated the condition as chronic LBP with radiculopathy and coded the condition as 5237 lumbosacral strain rated 20%. In the matter of the radiculopathy and low back pain condition, the Board unanimously agrees that it cannot recommend a finding 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 Board of Review Mr. XXXX’s records...
AF | PDBR | CY2010 | PD2010-00525
The PEB noted that the CI “could potentially be considered fit.” Conversely, at the VA final rating exam, two weeks prior to being finalized from TDRL, the CI reported worsening symptoms. Other Conditions. In the matter of the ulcerative proctitis condition, the Board unanimously recommends no change in the permanent separation rating of 10% coded 7323 IAW VASRD §4.114.
AF | PDBR | CY2010 | PD2010-00526
RightRightFlexion (140⁰ normal)140⁰ with pain130⁰ x 3 with painExtension (0⁰ normal)0⁰0⁰ x 3CommentsClicking and grating on exam with antalgic gait and use of off-loader brace; resting position 10⁰ of flexion; crepitus; strength 4/5 secondary to pain; no instabilityRight knee patellar compression and McMurray tests positive; motor strength normal (5/5)Rating10% (§4.59 painful motion)10% (§4.71a painful motion)On the MEB exam (29 October 2007) five and one-half months prior to separation the...
AF | PDBR | CY2010 | PD2010-00529
In the seven months since the previous C&P exam, the CI had been hospitalized once for command hallucinations and suicidal ideation. Subsequent VA records indicate the CI was hospitalized at least four more times in 2006-2008 with hallucinations and suicidal ideation, with GAFs ranging from 20 to 58. The Board determined, therefore, that none of the stated conditions were subject to Service disability rating.
AF | PDBR | CY2010 | PD2010-00530
Bilateral Shoulder Condition . The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2010 | PD2010-00539
All evidence considered, the Board unanimously recommends a 10% permanent disability rating for the LBP condition. In the matter of the OSA condition, the Board unanimously recommends an initial TDRL rating of 50%, and a permanent separation rating of 50%, coded 6847 IAW VASRD §4.97. Service Treatment Record Exhibit C. Department of Veterans' Affairs Treatment Record President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency SUBJECT:...
AF | PDBR | CY2010 | PD2010-00563
Atypical Chest Pain. The Board notes that her symptoms were duplicated on several exams by chest wall and/or left upper quadrant pressure; that PFTs were consistently normal until the C&P evaluation at which time, as noted, she could not sit or stand upright due to discomfort; and, that lung sounds were always clear other than at the C&P exam. One Board member considered that the VA C&P examination was closest to separation and was appropriate to use for rating purposes; however, due to...
AF | PDBR | CY2010 | PD2010-00570
All evidence considered, the Board recommends adding the right hand (thumb) condition as an additional unfitting condition for separation rating. All evidence considered, in the matter of the right thumb condition, the Board recommends that it be added as an additionally unfitting condition for separation rating; coded 5228-5003 and rated 10% IAW VASRD §4.71a. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows: A 60% rating for the period of TDRL...
AF | PDBR | CY2010 | PD2010-00575
CI CONTENTION : “Due to the fact that my current physical disabilities which are directly related to my medical separation from the Air Force are worsening and causing other disabilities and medical issues, I am requesting that my medical separation under disability be updated to a medical retirement.” The CI underwent an orthopedic exam eight months prior to separation which indicated a significant worsening of the CI’s back condition with forward flexion to 40 degrees. This condition was...
AF | PDBR | CY2010 | PD2010-00576
The VA rating decision on 9 August 2002 (two months post-separation) service connected schizophrenia, code 9204, with a 50% rating. As a result of his impairment, the Board considered ratings of 30% to 100%. 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 permanent disability retirement, effective as of the date of his prior medical separation.
AF | PDBR | CY2010 | PD2010-00577
The FPEB noted the CI’s medication use and quarterly pulmonary evaluations, but stated that “due to his relatively high level of functionality, the Board opines that a 10% rating is appropriate.” This case focuses primarily on rating the CI’s unfitting condition IAW the VASRD alone, absent the specific DoDI 1332.39 criteria, in effect at the time. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. I have carefully...
AF | PDBR | CY2010 | PD2010-00581
The VA, however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service connected condition. The VA rated the right ankle condition 10% using 5271, for moderate loss of ROM, while the PEB rating 10% using 5299-5003. Right Ankle Instability5299-500310% COMBINED10%...
AF | PDBR | CY2010 | PD2010-00583
The Board, therefore, has no reasonable basis for recommending this condition as an additional unfitting condition for separation rating. These three conditions, and any other contended conditions not associated with the recommendations already rendered by the Board, remain eligible for consideration by the Air Force Board for Corrections of Military Records. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; TDRL at 50% for 6 months following...
AF | PDBR | CY2010 | PD2010-00591
His condition involved more an injury to his knee; the midshaft of the left knee and ankle, peroneal nerve, weakness and antalgic gait contributed to his pain. Left Lower Leg Condition. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2010 | PD2010-00593
The Informal PEB (IPEB) found BPD unfitting and assigned a rating of 10%. CI’s CONTENTION : “The findings of the Physical Evaluation Board were that the unfitting condition was “bipolar disorder VA diagnostic code 9432” and it was rated at 10%. As noted above, the Navy PEB found the BPD unfitting, and assigned a disability rating of 10%.
AF | PDBR | CY2010 | PD2010-00597
Therefore, the Board recommends a rating of 8045-9304 (subjective cognitive symptoms and headaches) at 10%; and an additional rating of 8045-6260 at 10% (tinnitus) for residuals of TBI for this case for the separation rating under code 8045. IAW VA rating guidance for TBI (TL 07-05), more than one rating cannot be assigned for the same symptoms (i.e. a rating for PTSD and a rating for TBI that each are based on the same cognitive symptoms): “Evaluate each residual disability separately and...
AF | PDBR | CY2010 | PD2010-00606
after discharge for narcolepsy (20%) rating the following would be the correct code for condition. My VA rating for this condition is 50%. I would ask the board to please review all unfitting conditions that would have applied.” He additionally mentions his VA conditions and ratings per the rating chart below.
AF | PDBR | CY2010 | PD2010-00619
A December 11, 2007 Wilford Hall Medical Center cardiology follow up appointment records the CI was asymptomatic and that “he has been physically active with no limitations.” The MEB NARSUM on January 9, 2008 records the CI was feeling well and had no complaint of chest pain, shortness of breath, or light headedness and had no duty restrictions. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. I have carefully reviewed...
AF | PDBR | CY2010 | PD2010-00623
After careful review of the evidence, the Board unanimously recommends that the tinnitus be given a TDRL rating of 10% for six months, and a permanent separation rating of 10%, IAW VASRD §4.124a and §4.87. X-rays of his knees were normal. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows: TDRL at 60% for six months following CI’s prior medical separation, and then a permanent combined 30% disability retirement as indicated below.
AF | PDBR | CY2010 | PD2010-00626
The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES. The Board determined therefore that none of the stated conditions were subject to service disability rating. 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...
AF | PDBR | CY2010 | PD2010-00627
Both the MEB and C&P psychiatrists concluded the symptoms and impairment was moderate, and the CI had experienced symptoms of depression for over a year leading up to the time of separation. The CI’s commander noted he was working very hard at his assigned duties outside the submarine environment and had good potential for continued service in the Navy in non-submarine duties. He also noted that the only way the CI would continue his military service, was if he could stay in the Submarine...
AF | PDBR | CY2010 | PD2010-00657
However, the Board noted that a 10% rating is warranted for painful motion of the lumbar spine IAW §4.59. In the matter of the L1 burst fracture, the Board recommends by majority decision (2:1 vote) a disability separation rating of 20% (coded 5285) IAW VASRD §4.71a. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2010 | PD2010-00658
The CI was referred to a Medical Evaluation Board (MEB). Right Knee 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 the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board.
AF | PDBR | CY2010 | PD2010-00659
Currently rated by VA (PTSD) 30%.” Right Foot Condition . As noted above, the PTSD was diagnosed after separation from service.
AF | PDBR | CY2010 | PD2010-00663
The PEB rated the CI’s knee condition 10% using VASRD code 5099-5003. The PEB rated the CI’s right knee condition as patellofemoral pain syndrome while the VA rated the same condition as knee arthritis, each providing a 10% based on the same condition and disability. Hearing loss of the right ear was documented in the DES file and service treatment records with a history of hearing loss following a mortar attack / explosion.
AF | PDBR | CY2010 | PD2010-00665
In December 2003 he was seen a few times for low back pain. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. In the matter of low back pain condition or 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.
AF | PDBR | CY2010 | PD2010-00668
Left leg pain and weakness -gives away. All evidence considered there is not reasonable doubt in the CI’s favor supporting addition of the left lower extremity radiculopathy condition as an unfitting condition for separation rating. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2010 | PD2010-00678
The informal PEB (IPEB) adjudicated “PTSD associated with panic disorder” condition as unfitting and rated 30% with a 20% deduction for aggravating/contributing factor, for a compensable disability rating of 10%; with application of DoDI 1332.39 (E2.A1.5). In the matter of the generalized Anxiety Disorder condition, the Board unanimously agrees that it cannot recommend a finding of separately unfitting for additional rating at separation as it is a mental health disorder and considered with...
AF | PDBR | CY2010 | PD2010-00709
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-3/LCpl (0311, Rifleman) medically separated from the Marine Corp in 2007 after 2 years of service. These conditions are noted on the MEB exam only without significant mention in treatment notes, medical therapy, or as adversely impacting duty performance. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2010 | PD2010-00712
The medical record documents three major seizures in the first year of diagnosis, in November 2002, March 2003, and July 2003. VA treatment report on 20 November 2008, also stated last the major seizure was March 2008. The FPEB noted that the CI had another seizure in March 2008.
AF | PDBR | CY2010 | PD2010-00713
The PEB adjudicated the avascular necrosis condition as unfitting, rated 20% respectively, with application of DoDI 1332.39 and Veterans’ Administration Schedule for Rating Disabilities (VASRD), respectively. Flexion (0-125)90⁰60⁰Extension (0)0⁰#⁰Abduction (0-45)#⁰20⁰Adduction (0-45)#⁰#⁰Commentint/ext rotation normal§4.71a Rating20%20%The PEB found the avascular necrosis condition unfitting, coded 5255 (femur, impairment of), with a 20% rating. After careful consideration of your...
AF | PDBR | CY2010 | PD2010-00715
The CI had a low back condition rated by the VA at 10% after a previous separation from the service in 1992. 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 permanent disability retirement, effective as of the date of his prior medical separation: Providing a correction to the individual’s separation document showing that the individual was separated by reason of...
AF | PDBR | CY2010 | PD2010-00716
The VA compensation and pension (C&P) exam four months post-separation noted the CI having pain and swelling of his left knee and pain of his right knee. The Board determined therefore that none of the stated conditions were subject to service disability rating. No other conditions were service connected with a compensable rating by the VA within 12 months of separation or contended by the CI.
AF | PDBR | CY2010 | PD2010-00717
Other PEB Conditions . The Board notes that the CI had stopped use of CPAP by the time of the VA C&P exam, three months after separation. The Board determined therefore that none of the stated conditions were subject to Service disability rating.
AF | PDBR | CY2010 | PD2010-00718
The CI was then medically separated with a 20% combined disability rating. ConditionCodeRatingConditionCodeRatingExam Complex Regional Pain Syndrome, Right Lower Extremity8799-872520%Healing Osteochondritis Dissecans s/p Arthroscopic Procedures with Reflux Sympathetic Dystrophy ligamentous injury, limitation of motion, muscle weakness and altered sensation of the right ankle, foot and lower leg, atrophy of the right calf, and residual tender scars5299-526250%*20090202Numbness/Nerve Pain In...
AF | PDBR | CY2010 | PD2010-00719
His treatment included medications, physical therapy, subacromial and nerve root injections, and three arthroscopic surgeries, without significant improvement. The PEB rated the shoulder condition as a muscle injury IAW §4.73, while the VA used §4.71a to rate the condition for impairment of the clavicle or scapula. These conditions likely contributed to the CI’s overall shoulder impairment, however, and are considered in the Board’s recommendations.
AF | PDBR | CY2010 | PD2010-00723
In the matter of the bilateral knee condition, the Board unanimously recommends that each joint be separately adjudicated as follows: an unfitting right knee condition coded 5299-5260 and rated 10% and an unfitting left knee condition coded 5299-5260 and rated 10%; both IAW VASRD §4.71a. I concur with that finding, accept their recommendation and direct that your records be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force. The...
AF | PDBR | CY2010 | PD2010-00732
My PTSD was and still is the greatest problem I have suffered and affects me on a daily basis. The most proximate source of evidence on which to base the permanent rating recommendation in this case is the February 2008 Department of Veterans’ Affairs (VA) mental health compensation and pension (C&P) examination performed seven months after separation. As with the PTSD condition, the Board must assess a permanent rating recommendation for the unfitting TBI condition based on the relevant...