AF | PDBR | CY2010 | PD2010-01083
The goniometric evaluation of 45⁰ of thoracolumber flexion in the VA examination is consistent with a rating of 20% using the VASRD general rating formula for diseases and injuries of the spine. After due deliberation, considering all of the evidence, the Board recommends a separation rating of 20% for the back pain condition, coded 5241 for spinal fusion. The Board determined therefore that the neck condition was not subject to service disability rating.
AF | PDBR | CY2010 | PD2010-01086
Although these conditions and ratings were assigned an effective date to the time of separation, the earliest VA rating examination underpinning them was performed 17 months after separation. The CI’s contention regarding evaluation of all his medical conditions in the DES process is not eligible for Board recommendations but may be eligible for submission to the Board for Corrections of Military Records of the Coast Guard. No service treatment records regarding shoulder pain is in...
AF | PDBR | CY2010 | PD2010-01089
Additionally, speech pathology commented that “stress related to adjustment to military life and depression related to being away from his family…appear to be significant contributing factors.” Psychiatry recommended concomitant treatment with SSRIs for management of the related depression and anxiety symptoms, with occasional short term use of benzodiazepines for acute exacerbations of his vocal cord dysfunction. The Board considered all of the evidence, and concluded that the...
AF | PDBR | CY2010 | PD2010-01090
The PEB found the chronic mid-back pain unfitting, and rated it 10% IAW the Veterans’ Administration Schedule for Rating Disabilities (VASRD). Other PEB Conditions . No other conditions were service connected with a compensable rating by the VA within twelve months of separation or contended by the CI.
AF | PDBR | CY2010 | PD2010-01101
After due deliberation, considering the totality of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a permanent PTSD disability rating of 30% in this case. While the CI clearly had a documented back condition causing intermittent symptoms, the preponderance of the evidence does not indicate that the back condition limited his ability to perform the duties of his MOS at the time of separation. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2010 | PD2010-01103
There was also significantly limited ROM and PIP ankylosis of the right long finger as a residual of trauma, rather than a consequence of CRPS. There were no VA psychiatric evaluations or treatment during the TDRL period. As regards the permanent rating recommendation, the evidence suggests that there was no psychiatric impairment to civilian occupational functioning at the time of medical separation.
AF | PDBR | CY2010 | PD2010-01106
The Board notes that the reflex and motor exam were normal on the MEB evaluation and that sensation was altered only for the right hand. The CI reported back pain following neck surgery. There was no additional VA conditions, but the Board notes that the VA determined the hearing loss, heart condition, TBI and sleep conditions to not be service-connected and that the heartburn was rated at 0% disability.
AF | PDBR | CY2010 | PD2010-01121
After due deliberation, considering all of the evidence, the Board recommends a change in the PEB’s TDRL entry rating to 40% and no change in the permanent separation rating at TDRL exit of 10% coded as 5235 for the T12 Burst Fx. At the MEB TDRL evaluation 20 months after TDRL entry and 9 months prior to TDRL exit, the examiner noted that the CI had tenderness over the right thigh joints and flexing the right hip greater than 90 degrees caused her pain in both buttocks. In the matter of...
AF | PDBR | CY2010 | PD2010-01123
Other Conditions. The Board therefore has no basis for recommending the PTSD condition as an additional unfitting condition for separation 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 xxxxxx 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...
AF | PDBR | CY2010 | PD2010-01126
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXX BRANCH OF SERVICE: marine corps CASE NUMBER: PD1001126 SEPARATION DATE: 20061231 BOARD DATE: 20110805 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty Cpl/E-4 (0331, Machine Gunner) medically separated for mechanical lower back pain (LBP). The degree of lumbar spine ROM limitation documented at the VA C&P exam was very different (improved)...
AF | PDBR | CY2010 | PD2010-01129
At the time of the MEB exam, the CI had complained of pain, had pain with resisted motion, and had tenderness on exam. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2010 | PD2010-01153
I currently have to take pain medication often on a regular basis over the years for pain from my condition. Right Knee Condition . The Board notes that the MEB and initial VA C&P exams bracket the date of separation.
AF | PDBR | CY2010 | PD2010-01154
The PEB adjudicated the left (non-dominant) rotator cuff tendonitis as unfitting, rated 10% with application of the VA Schedule for Rating Disabilities (VASRD). However, both the VA examiner and MEB examiner opined increased limitation of motion with flare-ups (no specified degree), and VA exam indicated positive impingement. The OSA condition was rated 30% by the VA.
AF | PDBR | CY2010 | PD2010-01164
However, the VA then considered additional treatment notes from 9 September 2003 and 22 December 2003 (GAF = 50, serious symptom range) and increased the CI’s rating to 50% from the date of separation. Outpatient VA AK records demonstrated worsening of symptoms continued treatment and additional medications being initiated to help with her anxiety and sleep symptoms. In the matter of the PTSD and major depressive disorder condition, the Board unanimously recommends a 30% permanent rating...
AF | PDBR | CY2010 | PD2010-01170
CI CONTENTION : The CI states: “Low Back Fusion, Chronic Right side Radiculpathy, Migraine Headaches, Arthritis, Nephrolithiasis and Lupus.” She additionally lists all of her VA conditions and ratings as per the rating chart below. The rating was upheld by the FPEB on 4 August 2006, 2 months prior to separation, noting the CI’s contention for medical retirement, but finding no evidence supporting a rating of greater than 20%. In the matter of the radiculopathy right lower extremity,...
AF | PDBR | CY2010 | PD2010-01171
The CI was then medically separated with a 10% disability rating. The FPEB and the USAPDA, armed with all the evidence available to this Board plus the benefit of testimony not in evidence, thoroughly addressed the medication compliance issue; and, the Board finds no opposing evidence or adequate support in the FPEB minority opinion to conclude that the CI was using and requiring daily treatment during the rating period contrary to those findings. Service Treatment Record
AF | PDBR | CY2010 | PD2010-01174
I would like to be rated for other medical conditions as well. As an example, one examiner documented that the CI “moaned and groaned throughout the exam;” and, frankly stated in the CI’s report that he “seems to be able to handle his pain with ibuprofen, which is disproportionate to the amount of pain he expressed today.” It is also noted that 13 months post separation, after the final lumbar spine disability rating, the VA records documented improvement of lumbar ROMs to approximately 50%...
AF | PDBR | CY2010 | PD2010-01176
The Informal PEB (IPEB) adjudicated the chronic right foot pain due to Morton’s neuroma condition as unfitting, rated 10%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Although there were examination findings of hallux valgus and hammer toes (single toes) there were no symptoms or impairment attributed to these abnormalities that would warrant rating under VASRD codes 5280 or 5282, and, if rated using these codes, would not attain a minimum...
AF | PDBR | CY2010 | PD2010-01179
The Board uses DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations at the time of separation. The PEB and the VA had coded and rated the back condition differently. Other PEB Conditions.
AF | PDBR | CY2010 | PD2010-01180
Examination revealed varicose veins of both legs. Other PEB Conditions . Careful review of the treatment record reveals insufficient evidence for concluding that this condition interfered with duty performance to a degree that could be argued as unfitting.
AF | PDBR | CY2010 | PD2010-01181
The achieved ratings of 20% for the thoracolumbar spine and 10% for the cervical spine (normal ROM, but documentation of “diffuse cervical spine tenderness”) are IAW VASRD §4.71a. 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: Department of Defense Physical Disability Board of Review Recommendation 1. Providing orders showing that...
AF | PDBR | CY2010 | PD2010-01182
The PEB adjudicated the depression condition as associated with RSD, but did not rate the conditions separately. The Board, therefore, considered if the depression was a separately unfitting condition. In the matter of the right knee, GERD, SAR, headaches, obesity, narcotic dependence, back conditions, or any other medical conditions eligible for Board consideration, the Board unanimously agrees that it cannot recommend a finding of unfit for additional rating at separation.
AF | PDBR | CY2010 | PD2010-01184
The VA rated the same knee condition at 20% disability effective the date of separation from the Army. The Army PEB had adjudicated the neck pain, upper back pain, and arm pain as a single unfitting condition using VASRD code 5293-5003. The evidence clearly shows that the CI had pain in his neck and left arm, as well as his upper back region.
AF | PDBR | CY2010 | PD2010-01188
The PEB adjudicated the LLE condition as unfitting, rated 10%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). In the army, I was given migraine headache medications and so I claimed the condition that I actually got treatment for. The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the...
AF | PDBR | CY2010 | PD2010-01207
CI CONTENTION : The CI states: “I was assigned less than 50% disability rating by the military for my unfitting PTSD upon discharge from active duty. PTSD Condition . Since being on TDRL he had continued psychiatric treatment with the VA.
AF | PDBR | CY2010 | PD2010-01210
The C&P examination just prior to the TDRL examination also supports a 20% rating. At the time of placement on the TDRL, PTSD was adjudicated as an unfitting condition rated 10% by the PEB. If the Board does not agree with the PEB and concludes that the PTSD condition remained unfitting for military service, the Board must determinate the most appropriate fit with VASRD 4.130 criteria at the conclusion of the TDRL interval for its permanent rating recommendation.
AF | PDBR | CY2010 | PD2010-01218
CI CONTENTION : The CI states: “Was rated at 10% for back, 10% for ankles, 0% for migraines, and nothing for heart attack with stent and asthma. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a 10% Service disability rating for the right ankle condition, coded 5299-5262; and, a 0% Service disability rating for the left ankle condition, coded 5299-5271. In the matter of the bilateral ankle condition the Board...
AF | PDBR | CY2010 | PD2010-01220
The PEB adjudicated the RSD condition as unfitting, rated 10%, with likely application of AR 635-40 and the Veterans Administration Schedule for Rating Disabilities (VASRD). Therefore, the Board relied on the findings in both exams in determining its coding and rating recommendations, with the NARSUM addendum and service exams having the predominate weighting. In the matter of the reflex sympathetic dystrophy (RSD) condition, the Board by a 2:1 vote recommends a rating of 30% coded...
AF | PDBR | CY2010 | PD2010-01221
CI CONTENTION : CI states “Please review all addendums from PEB and MEB.” She lists 8 exhibits in her contention summarized as right foot, asthma, left knee, chronic pain syndrome and depression and a component of fibromyalgia syndrome with her VA ratings. Although the pain in the knee was adjudged as not being “painful motion,” this was considered as a pain symptom under the CI’s primary unfitting fibromyalgia condition. Providing a correction to the individual’s separation document...
AF | PDBR | CY2010 | PD2010-01225
The informal PEB adjudicated “Herniated Disc L5-S1” condition as unfitting, rated 20%, with the disability code of 5237 with probable application of the SECNAVINST 1850.4E and Veterans’ Administration Schedule for Rating Disabilities (VASRD). 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. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2010 | PD2010-01227
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a separation rating of 10% for the chronic right shoulder pain condition, coded as 5299-5024. Other PEB Conditions . In the matter of the chronic right shoulder pain condition, the Board unanimously recommends a rating of 10% coded 5299-5024 IAW VASRD §4.71a.
AF | PDBR | CY2010 | PD2010-01230
Passive motion of the ankle was normal and the Achilles reflex was intact and normal, producing plantar flexion at the ankle. 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. There was no evidence prior to separation that any of the PTSD symptoms that were present interfered with performance of duties separate from the conversion disorder.
AF | PDBR | CY2010 | PD2010-01241
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: BRANCH OF SERVICE: Army CASE NUMBER: PD1001241 SEPARATION DATE: 20030604 BOARD DATE: 20120203 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (92G, Food Service Specialist) medically separated for fibromyalgia. The PEB adjudicated the Fibromyalgia condition as unfitting, rated 20% with application of the Veterans Administration Schedule...
AF | PDBR | CY2010 | PD2010-01247
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty TSgt/E-6 (3S051, Personnel) medically separated for Type II Ehlers Danlos Syndrome (EDS), with chronic wrist and knee pain. The PEB adjudicated the Type II EDS, with chronic wrist and knee pain conditions, as unfitting, rated 20%, with application of the Veterans’ Administration Schedule for Rating Disabilities (VASRD). Nearly two years after separation right...
AF | PDBR | CY2010 | PD2010-01249
CI CONTENTION : The CI states: “I have had constant pain/numbness in my left leg and constant lower back pain since my last spine surgery (08'). All evidence considered, there is not reasonable doubt in the CI’s favor supporting addition of a peripheral code rating for sciatic radiculopathy unfitting and eligible for separate Service rating. 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...
AF | PDBR | CY2010 | PD2010-01256
The NARSUM examiner documented only a two inch surgical scar and referred to the MEB ROMs charted above; but, the physical therapy (PT) examiner specifically tested motor strength with right shoulder flexion and noted a 4/5 loss. The Board considered that, although the probative ROM measurements were non-compensable; the residual occupational and daily activity impairments due to pain and the diminished strength in evidence adequately supported application of either VASRD §4.40 (functional...
AF | PDBR | CY2010 | PD2010-01261
The PEB adjudicated the patellofemoral syndrome bilateral as unfitting, rated 10%, with application the Veterans’ Administration Schedule for Rating Disabilities (VASRD). The PEB on 9 October 2002, three months prior to separation, found patellofemoral syndrome, bilateral, unfitting, coded 5299-5003 (arthritis, degenerative) with a rating of 10%. The VA rationale noted that the ratings were non-compensable because the C&P examination documented full ROM without pain, no instability and...
AF | PDBR | CY2010 | PD2010-01266
As noted above, the Army PEB found the radiculopathy unfitting, and rated it 10%. Other PEB Conditions. 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: |UNFITTING CONDITION |VASRD CODE |RATING | |Chronic Low Back Pain |5292 |20% | |Left Lumbosacral Radiculopathy (L5-S1) |8699-8620...
AF | PDBR | CY2010 | PD2010-01268
There was mild social impairment, but no documented occupational impairment. In the matter of the headache and hypertension conditions, or any other medical conditions eligible for Board consideration; the Board unanimously agrees that it cannot recommend any findings of unfit for additional service disability rating. RECOMMENDATION : The Board recommends that the CI’s prior separation be modified to reflect that the CI was placed on the TDRL at 50% for a period of 6 months (PTSD at 50%...
AF | PDBR | CY2010 | PD2010-01269
Four other conditions, as identified in the rating chart below, were forwarded by the MEB as medically acceptable conditions. The PEB adjudicated the chronic low back pain condition as unfitting, rated 10%, citing criteria from the Veterans Administration Schedule for Rating Disabilities (VASRD). 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 | PD2010-01281
In the matter of the dysthymic/anxiety disorder, the Board by a 2:1 vote recommends an initial TDRL rating of 50% in retroactive compliance with VASRD §4.129 as DOD directed, and a 30% permanent rating (with a change in diagnosis to posttraumatic stress disorder, code 9411) IAW VASRD §4.130. 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...
AF | PDBR | CY2010 | PD2010-01290
Asthma Condition . The treatment regimens documented in the NARSUM and VA C&P exam both included either daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication in addition to intermittent and rescue medications. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2010 | PD2010-01293
In the matter of the neck pain condition, the Board unanimously recommends a disability rating of 10%, IAW VASRD §4.71a. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of her prior medical separation: Right Shoulder Pain, due to Myofascial Pain Syndrome5099-502110%Right Neck Pain, due to Myofascial Pain Syndrome5290-502110% COMBINED20% The following documentary evidence was considered:
AF | PDBR | CY2010 | PD2010-01294
The Board next considered whether the CI’s left sciatic radiculopathy warranted an additional separation rating, as per the VA rating decision. The Board also took note that the mild weakness noted seven months prior to separation was resolved at the time of the VA C&P examination after separation; and, was logically improving up to the time of separation. Other PEB Conditions .
AF | PDBR | CY2010 | PD2010-01297
Using the PEB coding for impairment of the tibia and fibula, the degree of limitation of active knee ROM documented at the service physical therapy exam and VA exam meets the criteria for mild to moderate knee disability and would rate 10%-20%. The social and occupational impact of impairment due to symptoms of insomnia and depressive disorder was already discussed and included in the rating recommendation for the CI’s unfitting cognitive dysfunction condition. The Board therefore has...
AF | PDBR | CY2010 | PD2010-01298
CI CONTENTION: The CI states, “I am rated at 100% combined through the VA with a rating of 30% for conversion disorder (the diagnosis from the Army for my medical discharge). As noted above, the Army PEB rated the CI’s mental condition at 10%. In September 2004, physical therapy (PT) reported that the LLE weakness was characteristic of psychogenic weakness due to inconsistencies during testing.
AF | PDBR | CY2010 | PD2010-01305
The Board must then determine the most appropriate fit with VASRD 4.130 criteria at six months for its permanent rating recommendation. At 24 months post-separation, the CI’s documented moderate to severe social and occupational impairment would also meet the criteria for rating 30% - 50%. Service Treatment Record Exhibit C. Department of Veterans' Affairs Treatment Record XXXXXXXXXXXXXXXX President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical...
AF | PDBR | CY2010 | PD2010-01306
Asthma Condition . No other conditions were service connected with a compensable rating by the VA within 12 months of separation or contended by the CI. Exhibit C. Department of Veterans Affairs Treatment Record.