AF | PDBR | CY2011 | PD 2011 00094
Left Shoulder Condition . The VA rated the left shoulder at 10% coded 5203 (scapular impairment) citing “limited or painful motion.” The ROM values reported by the MEB and VA examiner, performed 3 months before separation and a month after separation, are significantly worse than those reported by orthopedics dated 6 months prior to separation. The shoulder limited ROM at 90 degrees supports the minimum rating under code 5201 (arm; limitation of motion).After due deliberation, considering...
AF | PDBR | CY2011 | PD 2011 00366
Service IPEB – Dated 20031201VA - (2 Mos. The CI continued his post-operative care with both orthopedics and physical therapy for LBP.The commander’s statement indicated that the CI was able to perform duties in-garrison as a unit mail clerk;however he was not deployabledueto his inabilityto perform his MOS duties as an Infantryman.The MEB narrative summary (NARSUM) examination(obtained approximately 8 monthsprior to separation),contains documentation that the CI had marked and frequent LBP...
AF | PDBR | CY2011 | PD 2011 00417
Non tender, but pain with use §4.71a Rating 20 % (5271) 20 % (5271) 10 % (5271) 10 % (5271)The Board directs attention to its rating recommendationbased on the above evidence.The PEB adjudicated the chronic bilateral ankle pain secondary to bilateral avascular necrosis of the talus and pes planus with application of VASRD § 4.14, avoidance of pyramiding as a single unfitting condition and assigned a disability rating of 20%, analogous to degenerative joint disease. The Board determined that...
AF | PDBR | CY2011 | PD 2011 00607
The VA examiner noted that nine months following his return from deployment the CI’s “condition appears to be improved”.Regarding a specific stressor for PTSD the VA examiner noted Regardless of final PEB diagnosis, §4.129 does not specify a diagnosis of PTSD, rather it states “mental disorder due to a highly stressful event,” and its application is not restricted to PTSD. The evidence supports that the CI experienced MH symptoms related to conflict with his command regarding his non-MH...
AF | PDBR | CY2011 | PD 2011 00723
Any conditions or contention not requested in this application, or otherwise outside the Boards defined scope of review, remain eligible for future consideration by the Army Board for Correction of Military Records. Bilateral Knee Condition (Plica Syndrome). The MEB examiner did document painful motion; and, therefore agreed it could not consider the 5003 code at 10% as a single rating.
AF | PDBR | CY2011 | PD 2011 00812
He was determined to have non-specific right shoulder pain. The VA initially rated the shoulder at 30% for a limitation in motion not in evidence on the VA examination or any other examination proximate to separation. RECOMMENDATION: The Board recommends that the CIs prior determination be modified as follows, effective as of the date of his prior medical separation: UNFITTING CONDITION VASRD CODE RATING Chronic Pain, Right (Dominant) Shoulder 5099-5003 10% COMBINED 10% The following...
AF | PDBR | CY2011 | PD 2011 00889
Other conditions included in the Disability Evaluation System (DES) packet will be discussed below.The PEB adjudicated the left ankle arthrosis condition as unfitting, rated 10% and the left ankle painful prosthesis condition was rated category II, (contributing to the unfitting condition) with application of the Veterans Administration Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated with a 10% combined disability rating. The following month, on...
AF | PDBR | CY2011 | PD 2011 01084
TDRL Rating Chart Final Service IPEB Dated 20021001 VA All Effective Date 20030911 Condition Code Rating Condition Code Rating Exam On TDRL 20010813 TDRL Sep. Asthma 6602 30% 0% Asthma 6602 30%* 20031023 .No Additional MEB/PEB Entries. The PEB rated the condition as 6602 asthma, bronchial and assigned a 30% disability stating the asthma condition was only moderately controlled on multiple medications, including daily inhaled anti-inflammatory aerosols. RECOMMENDATION: The Board...
AF | PDBR | CY2011 | PD-2011-00970
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXXXXXX CASE: PD1100970 BRANCH OF SERVICE: ARMY BOARD DATE: 20130313 SEPARATION DATE: 20050606 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (19K10/M1A1 Armor Crewman) medically separated for chronic abdominal pain. The PEB adjudicated chronic abdominal pain, rated 10%. Pre...
AF | PDBR | CY2011 | PD2011 00703
The difference in dates is relevant to this case, as the actualVA rating decision was made only 7 months after separation from USMC and said VA rating was made after the appropriate VA medical was undertaken soon after SNM was separated from USMC, as is directed by VA regulations. Repeat laboratory testing in March 2002 was again normal (negative for evidence of acute or chronic inflammation) and the gastroenterologist was not certain whether symptoms were due to Crohn’s disease or...
AF | PDBR | CY2011 | PD2011 00806
Service treatment records (STRs) on 26 October 2006, note a diagnosis of a “partial non-union of his cervical fracture.”The MEB physical examination (DD Form 2808), on 24 January 2007, diagnosed “cervical fracture” and “post-traumatic arthritis,” noting absence of tenderness to palpation and a normal neurological examination. The different codes did not affect rating as both are based on the same general rating formula for diseases and injuries of the spine.The limitation of cervical spine...
AF | PDBR | CY2011 | PD2011 00909
CI CONTENTION :“Disparity of rating – VA rating 70% to US Army rating 10% disability. The examiner reported no panic attacks reported or evident on examination. The PEB adjudged the schizoaffective disorder with elements of bipolar disorder condition unfitting and coded it 9211 (schizoaffective disorder), assigning a 10% disability rating.
AF | PDBR | CY2011 | PD2011 00949
The condition, characterized as “bilateral knee pain, left knee medial condyle chondromalacia,” was forwarded as the sole condition to the Physical Evaluation Board (PEB), judged to fail retention standards IAW AR 40-501.The PEB adjudicated “chronic bilateral knee pain secondary to chondromalacia” as a single unfitting condition, rated 0%, citing Veterans Affairs Schedule for Rating Disabilities (VASRD)criteria for code 5003 (degenerative arthritis).The CI made no appeals and was medically...
AF | PDBR | CY2011 | PD2011 01093
An administratively corrected PEB adjudicated “ chronic bilateral hip pain with a history of acetabular fractures” as unfitting, rated 10% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy, the Veterans Affairs Schedule for Rating Disabilities (VASRD), and compensability under 10 USC § 1207a. Bilateral Hip Pain Condition . The decision review officer VARD in August 2004 determined the left hip condition was service-connected and rated the left hip...
AF | PDBR | CY2011 | PD2011-00001
The CI was medically separated with a 10% disability rating. Service Treatment Record. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00002
The latter two conditions were considered with the back condition, above. The Board determined therefore that neither was subject to service disability rating. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation:
AF | PDBR | CY2011 | PD2011-00005
At the time of the MEB psychiatric exam, the CI was on medications for depression, anxiety and manic symptoms. The Axis I diagnoses were bipolar I disorder (most recent episode manic, severe with psychotic features); anxiety disorder, NOS and gender identity disorder. Other Conditions.
AF | PDBR | CY2011 | PD2011-00006
Right Knee Condition. Left Knee Condition. There was no instability, and left knee x-rays were normal.
AF | PDBR | CY2011 | PD2011-00007
The Board evaluates Department of Veterans’ Affairs (VA) 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 time of separation. The exams were the MEB exam, the physical therapy (PT) range of motion evaluation and the VA compensation and pension (C&P) exam. All three exams documented painful motion, with both the physical therapy and the C&P exam...
AF | PDBR | CY2011 | PD2011-00008
This was the CI’s second medical separation for his back condition. All evidence considered, there is not reasonable doubt in the CI’s favor supporting re-characterization of the PEB fitness adjudication of not unfitting for anxiety (PTSD) to a separately unfitting condition at the time of separation. The Board determined therefore that none of the stated conditions were subject to service disability rating.
AF | PDBR | CY2011 | PD2011-00020
The condition was rated at 0%. Based on this information, the FPEB rated her neck condition as “moderate” limitation of motion of the cervical spine at 20%. All exams documented cervical motion limitation which could be considered either moderate or severe.
AF | PDBR | CY2011 | PD2011-00025
Fibromyalgia was a diagnosis considered while in service as a cause of his unfitting neck and back pain. The CI’s neck and back pain were considered by the Board above. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00029
Right knee pain due to degenerative joint disease and chronic low back pain due to degenerative disc disease and disc bulge were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW SECNAVINST 1850.4E. The PEB adjudicated the right knee pain and low back pain conditions as unfitting, rated 10% each. Right Knee Condition .
AF | PDBR | CY2011 | PD2011-00031
All of these conditions should have been found to be separately unfitting, and I ask the Board to both find them unfitting and render appropriate military disability ratings for them.” He additionally lists all of his VA conditions and ratings as per the rating chart below. Other PEB Conditions . Service Treatment Record
AF | PDBR | CY2011 | PD2011-00032
Although the MEB and PEB listed the left knee as unfitting, the orthopedic surgery NARSUM, physical profile, and treatment records are clear that the unfitting knee was the right knee, not the left knee. There was no evidence for concluding that the left knee condition interfered with duty performance to a degree that could be argued as unfitting and subject to service disability rating. While the Board does not have the authority under DoDI 6040.44 to render fitness or rating...
AF | PDBR | CY2011 | PD2011-00033
The Informal PEB adjudicated the right knee ACL instability existed prior to service (EPTS) and right knee medial meniscus tear and lateral meniscus tear conditions as unfitting, combined under a single code and rated 20% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy, Department of Defense Instruction (DoDI) 1332.39 and Veteran’s Administration Schedule of Rating Disabilities (VASRD). ConditionCodeRatingConditionCodeRatingExam Right Knee ACL...
AF | PDBR | CY2011 | PD2011-00034
The MEB evaluated the CI as well for two medical conditions, renal papillary necrosis and hypertension. Neck/Back Condition . Service Treatment Record
AF | PDBR | CY2011 | PD2011-00036
The MEB was accomplished 9 May 2006 and on 14 July 2006 the PEB determined he was fit and returned the CI to duty. ROM is noted above. It noted that the ROM measurements show a trend towards improvement over the three years of measurements after the arthrodesis.
AF | PDBR | CY2011 | PD2011-00037
Right Clavicle Condition . The VA rating proximate to separation, coded the condition as 5201 (arm, limitation of motion of) and rated 0%. 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.
AF | PDBR | CY2011 | PD2011-00039
The Board must then determine the most appropriate fit with VASRD 4.130 criteria at six months for its permanent rating recommendation. Personality disorder and non-cardiac chest pain were discussed in detail under anxiety disorder above. As discussed above, PEB likely reliance on DoDI 1332.39 for rating the anxiety disorder condition was operant in this case and the condition was adjudicated independently of that instruction by the Board.
AF | PDBR | CY2011 | PD2011-00042
No post-separation VA outpatient notes were included in the record; however a VA rating decision 23 months post-separation showed no changes in the VA rating (20%) for the CI’s back condition. The Board deliberated concerning the fitness of OSA and considered the duty restrictions at the time of the commander’s statement and profile were prior to a sufficient period of treatment with CPAP; however, by the time of separation there was no evidence of ongoing excessive daytime somnolence or...
AF | PDBR | CY2011 | PD2011-00045
Right Knee Condition . Any impairment from Osgood-Schlatter’s or knee pain of the right knee was considered above. Right Knee Chondromalacia5009-500310% COMBINED10% ______________________________________________________________________________
AF | PDBR | CY2011 | PD2011-00059
The CI was separated from TDRL with a final disability rating of 10%. PTSD 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 after removal from TDRL, effective as of the date of his prior medical separation:
AF | PDBR | CY2011 | PD2011-00073
The CI did not file a claim at the VA until 21 August 2009 and as this was more than one year after separation from service, his VA benefits were effective as of the date of application. Although the C&P examination is remote from the time of permanent separation, it is the only C&P examination and demonstrates that the CI’s condition had continued four years later. In the matter of the PTSD condition, the Board, recommends a permanent separation rating after TDRL of 30% coded 9411 IAW...
AF | PDBR | CY2011 | PD2011-00078
He was placed on limited duty and underwent a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) in early 2000, but was found fit for duty. The PEB adjudicated the severe patellofemoral arthrosis condition as unfitting, rated 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD), and adjudicated the left knee arthrofibrosis condition Category II (conditions that contribute to the unfitting conditions). The Board therefore has no...
AF | PDBR | CY2011 | PD2011-00079
CI CONTENTION : The CI states: “As rated by the Department of Veterans Affairs upon separation, both conditions were given a higher rating: Major Depression initially rated at 10% was changed to Bipolar Disorder currently rated at 50% disabling; Psoriatic Arthritis initially rated at 10% is currently rated at 20% with knees rated in addition at 40% - reduced to 20% due to (an appealed) pre-existing condition.” The PEB’s 10% rating using the 5009 code (arthritis, other types) reflected...
AF | PDBR | CY2011 | PD2011-00081
Depression Condition . At the time of the VA psychiatric compensation and pension (C&P) examination (25 September 2003, seven months after separation), the CI’s symptoms were the same or somewhat better than those reported in the NARSUM exam. The Board agreed that the MEB examination generally supported a §4.130 rating of 10% (“occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of...
AF | PDBR | CY2011 | PD2011-00082
An Informal PEB (IPEB) adjudicated the lumbar spine condition as unfitting, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy; and, the right knee condition as not unfitting. 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. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00083
The VA rated also rated the condition 20% based on the VA compensation and pension (C&P) examination two weeks before separation. There was no evidence in the service medical treatment records that indicated medical restriction of normal activities including athletic was required. The Board determined therefore that none of the stated conditions were subject to Service disability rating.
AF | PDBR | CY2011 | PD2011-00088
The Formal PEB (FPEB) adjudicated “Fibromyalgia Associated with Depression and Fatigue” as unfitting and rated 20% with application of DoDI and Veterans Administration Schedule for Rating Disabilities (VASRD). The CI was then medically separated with a 20% disability. At the time of the MEB examination and the VA C&P examination, the CI had constant symptoms of joint pain, depression, fatigue, headache, and sleep disturbance that responded poorly to therapy.
AF | PDBR | CY2011 | PD2011-00089
The examiner’s summary of ROMs in the chart above was from the physical exam section of the C&P exam and was slightly different than the summary area ROMs (no ratable difference), which stated, “Loss of flexion of 22 degrees, extension of 10 degrees, left lateral flexion of 15 degrees and right lateral flexion of 10 degrees.” Although remote from separation, the Board noted that four subsequent VA exams at 38, 55, 77, and 87 months post-separation showed significantly greater ROM deficits...
AF | PDBR | CY2011 | PD2011-00090
She was also found unfit for dysthymic disorder and ulcerative colitis. PTSD Condition . The Board discussed at length whether ulcerative colitis was permanently service aggravated and subject to rating or existed prior to service as a condition that is known to have exacerbations that are not related to service and thus not eligible for rating.
AF | PDBR | CY2011 | PD2011-00091
(2) Whether the determination by the PEB that the Veteran's left shoulder pain secondary to acromioclavicular arthritis was unfitting, but rating the condition 0% disabling, was in error because (a) a 10% rating was warranted under the applicable diagnostic code regardless of the extent of limitation of motion, and (b) the VA assigned a 20% rating to the left shoulder disability effective December 15, 2006, concurrent with the Veteran’s separation from the service. Left Shoulder Pain...
AF | PDBR | CY2011 | PD2011-00093
CI CONTENTION : “My rating from the Air Force combined two disabilities into one, where the VA found it to be two separate conditions. In the matter of the neurocardiogenic syncope associated with depressive disorder condition, the Board unanimously recommends that it be rated for two separate conditions as follows: neurocardiogenic syncope as unfitting, rated 10% by a vote of 2:1 and coded 8299-8210 IAW VASRD §4.124a; and depressive disorder unanimously as not unfitting. The pertinent...
AF | PDBR | CY2011 | PD2011-00107
The PEB found the mental condition and the left knee condition unfitting, rating them 10% and 0% respectively. At that exam, the CI reported that he was having anxiety attacks about 2-3 times per month. Left Knee Pain .
AF | PDBR | CY2011 | PD2011-00108
LeftRightLeftRightFlexion (140⁰ Normal)ROM “full and smooth”130⁰130⁰Extension (0⁰ Normal)“full”“full”Comments“Walks, sits, and stands well;” TTP; stability “good;” L knee incisions well healed; repeat exams show some swelling, warmth & crepitus on L, but no effusion; Hx – L lockingDiffuse TTP; FAROM with no pain; no ligament laxity; no effusion; L knee surg scars barely discernible; partial deep knee bend due to pain§4.71a Rating10%10%10%10%The narrative summary (NARSUM) noted “full and...
AF | PDBR | CY2011 | PD2011-00112
After due deliberation, and careful consideration of all the evidence, the Board unanimously recommends a disability rating of 20% for the chronic LBP condition. Other PEB Conditions. 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 I have reviewed the enclosed...
AF | PDBR | CY2011 | PD2011-00113
The CI made no appeals, and was medically separated with a 10% disability rating. In 2008, the VA further increased this rating to 40% effective on 31 March 2004 based on evidence from continuing treatment records and a later VA C&P examination in May 2008. 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.
AF | PDBR | CY2011 | PD2011-00114
Since the injury he suffered from headaches and one isolated seizure in October 2004. The Board considered at length both the TDRL rating and the final rating recommendations at separation from the TDRL. The VASRD does allow for a 10% rating for the cranial defect and the Board, by simple majority, recommends addition of this condition as unfitting, coded 5296, with a 10% TDRL rating and a 10% final rating.
AF | PDBR | CY2011 | PD2011-00116
The other conditions forwarded by the MEB and adjudicated as not unfitting by the PEB were chronic low back pain with radicular symptoms and persistent right and S1 radiculopathy. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating. In the matter of the back condition, right L5/S1 discectomy with associated chronic low back pain and right S1 radiculopathy, and IAW VASRD §4.71a, the Board unanimously recommends no change...