AF | PDBR | CY2011 | PD2011-00118
As noted above, the back pain condition was rated IAW the VASRD standards that were in effect at the time of separation from service. After due deliberation, consideration of all the evidence, and mindful of VASRD §4.3 (reasonable doubt), the Board unanimously recommends no change from the PEB’s a rating decision of 10% for the back pain condition. Other PEB Condition .
AF | PDBR | CY2011 | PD2011-00119
All evidence considered, there is not reasonable doubt in the CI’s favor supporting a change from the PEB’s coding or rating decision for the right Achilles tendonitis condition. The 11 October 2006 PT appointment for treatment of the right Achilles tendon pain notes a history of left plantar fasciitis for the prior one to two years on a permanent profile for no running (L2). The CI reported his history of chronic left plantar fasciitis at the time of the MEB history and physical...
AF | PDBR | CY2011 | PD2011-00120
Four other conditions, as identified in the rating chart below, were forwarded on the MEB submission as medically acceptable conditions. The PEB adjudicated the neck pain condition as unfitting, rated 20% IAW the Veterans Administration Schedule for Rating Disabilities (VASRD). Chronic Neck Pain5243-5299-523720% COMBINED20% The following documentary evidence was considered:
AF | PDBR | CY2011 | PD2011-00121
Low back pain (LBP), patellofemoral syndrome and left shoulder pain were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. At his December 2008 MEB evaluation, three months prior to separation, the CI complained of left shoulder pain and “catching.” On examination, there was some crepitus, pain with motion, and TTP. The Board unanimously recommends 10% for the left shoulder pain condition.
AF | PDBR | CY2011 | PD2011-00122
CI CONTENTION : “VA rated my case as followed: Sleep Apnea 50%; Right knee patellofemoral syndrome 10%.” He additionally lists all of his VA conditions and ratings as per the rating chart below. Physical examination findings were also normal. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00123
The PEB adjudicated “left knee pain with grade II chondromalacia” condition as unfitting, rated 10%, with application of the VA Schedule for Rating Disabilities (VASRD) and possible application of the US Army Physical Disability Agency pain policy and DoDI 1332.39. Left Knee Condition . MEMORANDUM FOR Commander, US Army Physical Disability Agency
AF | PDBR | CY2011 | PD2011-00124
The NARSUM examiner noted a normal gait, no swelling or muscle atrophy, normal distal pulses and normal strength of both extremities. The neurologist performing the electrodiagnostic testing recorded his examination showed the CI was “without weakness.” Under these codes, minimal weakness warrants a 0% rating, moderate 10%, providing no benefit to the CI. In the matter of the left and right leg compartment syndrome conditions and IAW VASRD §4.124a, the Board unanimously recommends no...
AF | PDBR | CY2011 | PD2011-00125
X-rays of the left hip were normal. Other PEB Conditions . The Board therefore has no reasonable basis for recommending this condition as an additional unfitting condition for separation rating.
AF | PDBR | CY2011 | PD2011-00128
The additional issue is that the Board’s permanent rating recommendation was §4.129 to be followed, would rest on the VA’s C&P evaluation which is already significantly probative to the Board’s separation rating recommendation. After due deliberation, considering all of the evidence, the Board recommends a separation rating of 10% for the left wrist condition. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows and that the discharge with...
AF | PDBR | CY2011 | PD2011-00129
Left Knee Condition . Instability and pain required use of a metal-reinforced knee brace, but he was able to walk a few miles each day. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a separation rating of 20% for left knee instability, coded 5257, and 10% for functional loss under the 5261 code, for a combined rating of 30% for the left knee condition.
AF | PDBR | CY2011 | PD2011-00134
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 time of separation. The limitation of lumbar spine ROM documented at the service exam was associated with bilateral spasms and likely reflected a period of symptom exacerbation. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment...
AF | PDBR | CY2011 | PD2011-00135
Therefore, the Board recommends 20% as the permanent disability rating for this condition. Right Shoulder Pain Condition . In the matter of the chronic neck pain with radiation into the right shoulder condition, the Board unanimously recommends that it be rated for two separate unfitting conditions as follows: chronic neck pain coded 5299-5242 and rated 20% during the initial TDRL period and 20% permanent rating at six months; and, right shoulder pain, coded 5099-5003.
AF | PDBR | CY2011 | PD2011-00136
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 left knee medial meniscal tear condition coded 5299-5259. After a review of all of the findings, the Board therefore has no reasonable basis for recommending the left knee plical syndrome as an unfitting condition for independent separation rating. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2011 | PD2011-00138
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SSG/E-6 (11M, Mechanized Infantryman) medically separated for a left knee condition. Left Knee Condition . SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
AF | PDBR | CY2011 | PD2011-00140
Right Ankle Pain . Based on ROM, and IAW the Veterans’ Administration Schedule for Rating Disabilities (VASRD) codes for the ankle (5270 through 5274), the Board determined that 10% was appropriate for the right ankle. Right Knee Pain .
AF | PDBR | CY2011 | PD2011-00142
The PEB adjudicated the cervical and the low back conditions each as separately unfitting, rated 10% and 10%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy and Veterans’ Administration Schedule for Rating Disabilities (VASRD), respectively. The Board determined that the VA exam had higher probative value as more nearly representative of the CI’s disability picture at the time of separation. The Board concluded therefore that this condition was not...
AF | PDBR | CY2011 | PD2011-00143
CI CONTENTION : The CI states, “I was discharged on March 20, 2002. The Board determined that the PEB had coded and rated the back pain condition appropriately, and that there was insufficient evidence in the service treatment record (STR) to support a higher rating. The Board does not have the authority to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2011 | PD2011-00146
As noted above, the Army PEB found him unfit, and he was medically separated with a 10% disability rating. His lung exam was normal, with no wheezes noted. The Board does not have the authority to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2011 | PD2011-00147
The aforementioned conditions were included in my VA Disability claim and the VA determined and awarded the following within 12 months of separation: - Asthma was Service Connected Disability with 30% Rating; - Lower Back was Service Connected Disability with 10% Rating; - Hypertension was Service Connected Disability with 0% Rating; & - Pseudofolliculitis barbae was Service Connected Disability with 0% Rating. After careful consideration of your application and treatment records, the...
AF | PDBR | CY2011 | PD2011-00148
The CI’s application asserts that compensable ratings should be considered for right shoulder tendonitis and depression. 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 | CY2011 | PD2011-00149
Low Back Pain (LBP) . Other PEB Conditions . Additionally, other conditions were noted in the VA rating decision proximal to separation, but were not documented in the DES file.
AF | PDBR | CY2011 | PD2011-00153
The TMD and trigeminal neuralgia conditions were intertwined problems and the Board first considered whether the TMD condition was a separately unfitting condition. Service Treatment Record I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00157
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active member, SPC/E-4 (19K10 / Tank Crewman), medically separated for ulcerative colitis. He was then medically separated with a 10% combined disability rating. 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 | PD2011-00165
Right Shoulder Condition . The other conditions forwarded by the MEB and adjudicated as not unfitting by the PEB were sleep apnea (OSA), neck pain, hypertension, and seasonal allergies. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-00168
The Informal PEB (IPEB) adjudicated the anxiety disorder condition and lumbosacral strain condition as unfitting, rated 10% each IAW with the Veterans Administration Schedule for Rating Disabilities (VASRD). Four psychotropic medications and a fifth medication for sleep were listed; however, a 4 August 2009 clinic note records CI report he had not been taking medications for the prior five months, indicating the CI was not on medications at the time of the MEB NARSUM. The Board, therefore,...
AF | PDBR | CY2011 | PD2011-00173
The CI was medically separated with a 10% disability rating. After the initial VA C&P examinations were completed in October 2006, the ratings in the chart above were determined with the effective date of 20051122. The examination was completed in less than 12 months after separation from service and the ratings based on this exam for the back pain condition as well as 10 other conditions were made effective the day after separation.
AF | PDBR | CY2011 | PD2011-00184
The PEB determined that post-concussive disorder was the primary unfitting condition and that PTSD, major depressive disorder, and cognitive disorder were category 2 conditions, conditions that are contributing to the unfitting condition (post-concussive syndrome), but not separately ratable. As noted above, the Board considered whether TBI or PTSD was the predominant unfitting condition and whether there was evidence the two diagnoses were separately unfitting and ratable conditions. ...
AF | PDBR | CY2011 | PD2011-00185
The Informal PEB (IPEB) adjudicated the anxiety condition as unfitting, rated 10% IAW with the Veterans Administration Schedule for Rating Disabilities (VASRD). The Medical Evaluation Board assigned a 10% disability rating. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner’s assessment of the level of disability at the moment of the examination.” Therefore, while a GAF score...
AF | PDBR | CY2011 | PD2011-00188
The informal PEB adjudicated the lumbar spine condition as unfitting, rated 20%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD). While the DES considers all of the service member's medical conditions, compensation can only be offered for those medical conditions that cut short the member’s service career; and the Board’s assessment of fitness determinations is premised on the MOS-specific functional limitations in evidence at the time of separation. ...
AF | PDBR | CY2011 | PD2011-00189
X-rays were normal, but bilateral weight-bearing X-rays performed four months later showed pes planus. The NARSUM examiner (two weeks later) recorded a history of mild bilateral ankle pain, which was considered not unfitting by the PEB and rated 0% by the VA. The Board considered that the presence of functional impairment with a direct impact on fitness is the key determinant in the Board’s decision to recommend any condition for rating as additionally unfitting.
AF | PDBR | CY2011 | PD2011-00190
The Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved IAW VASRD §4.71a. An orthopedic examination three and one half months prior to separation, noted that she had “subjective” pain, and documented an essentially normal exam. As previously elaborated, the Board must first consider whether the left or right hip pain condition remained separately unfitting, having de-coupled it from a combined PEB adjudication.
AF | PDBR | CY2011 | PD2011-00191
During the MEB time period, the CI sought treatment for mood swings, depressive symptoms and suicidal ideation. The MEB concluded that her bilateral knee pain with running, climbing and daily activities “would interfere with her ability to carry out her assigned duties on active duty.” Despite the findings of the MEB and the NMA, the PEB stated (JDETS notes) “knees not unfitting as HM3.” The Board considered the considerable documentation of duty impairment related to the left knee...
AF | PDBR | CY2011 | PD2011-00193
The PEB adjudicated the cervical herniated nucleus pulposus associated with intermittent pain despite no nerve impingement condition unfitting rated at 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). All evidence considered there is not reasonable doubt in the CI’s favor supporting addition of the right upper extremity radiculopathy condition as an unfitting condition for separation rating. I have carefully reviewed the evidence of record and...
AF | PDBR | CY2011 | PD2011-00194
ROMs were relatively consistent between examinations although the earlier MEB examination in April 2004 documented a significantly better flexion than the later examinations. The VA C&P examination referred to the MEB examination, and the VA rating of 10% cited the high variability in the flexion examination. In the matter of the left hand numbness condition, right shoulder condition, or any other medical conditions eligible for Board consideration; the Board unanimously agrees that it...
AF | PDBR | CY2011 | PD2011-00196
A PEB adjudicated the lumbar spine condition as unfitting, rated 10%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The Board considered the 5293 code for intervertebral disc syndrome as referenced by the VA in its rating, noting that the rating criteria for the 5293 code had changed from the 2002 VASRD criteria applicable at separation (and mandated for Board recommendations IAW DoDI 6040.44). Finally, the Board considered a rating under the...
AF | PDBR | CY2011 | PD2011-00197
The CI made no appeals and was medically separated with a 10% disability rating. 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 time of separation. The Board determined therefore that the stated condition was not subject to service disability rating.
AF | PDBR | CY2011 | PD2011-00198
The Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. The VA coded the shoulder condition as 5201, limitation of motion of the arm, and rated it 0%, although this was increased to 20% one year after separation, effective 2 July 2007 for further deterioration noted on a subsequent VA C&P examination. Exhibit C. Department of Veterans Affairs Treatment Record
AF | PDBR | CY2011 | PD2011-00200
The PEB decision was affirmed on review by the U. S. Army Physical Disability Agency (USAPDA); and, the CI was medically separated with a 10% service disability rating. Asthma Condition . Thus the PEB’s TDRL rating and the concurrent VA rating were IAW the §4.97criteria for a 30% rating (“daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication”).
AF | PDBR | CY2011 | PD2011-00201
The Physical Evaluation Board (PEB) adjudicated the chronic radiating neck pain condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI underwent neck surgery in April 2005 for cervical disc disease with symptoms of pain and numbness in both arms and hands. The CI had documented myelopathy with radiculopathy related to cervical disc disease with symptom of paresthesias and weakness documented in the STR.
AF | PDBR | CY2011 | PD2011-00202
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 time of separation. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from...
AF | PDBR | CY2011 | PD2011-00209
The Board evaluates 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 Board next considered the probative value of the exams in evidence. The Board noted that the degree of limitation of shoulder ROMs documented at the MEB exam would not be compensable under the shoulder-specific joint coding.
AF | PDBR | CY2011 | PD2011-00212
The PEB adjudicated the overall effect of the left cubital tunnel syndrome, left medial epicondylitis and left MCL sprain conditions as unfitting, rated 0% utilizing SECNAVINST 1850.4E. In the matter of the combined effect of the left knee, left medial epicondylitis, and left cubital tunnel syndrome conditions, the Board unanimously recommends that each condition be separately adjudicated as follows: an unfitting left knee sprain condition coded 5099-5003 and rated 10% IAW VASRD §4.71a; a...
AF | PDBR | CY2011 | PD2011-00213
The VA exam, two months pre-separation, documented a normal knee exam, and the VA adjudicated the condition as not Service connected (NSC). The CI’s unfitting fibromyalgia considered the impact of all musculoskeletal pain symptoms and conditions associated with fibromyalgia as noted above. The CI’s unfitting fibromyalgia considered the impact of all musculoskeletal pain symptoms and conditions associated with fibromyalgia as noted above.
AF | PDBR | CY2011 | PD2011-00216
The PEB adjudicated the chronic neck pain, left shoulder pain and left knee pain conditions as unfitting, rated 0% each. Left Knee Condition . The limitation of extension of 15 degrees as reported in the NARSUM evaluation supports a 20% rating under the 5261 code.
AF | PDBR | CY2011 | PD2011-00219
I would ask that you request from the Department of Veterans Affairs all rating decisions and accompanying medical information for the degenerative disc disease in my neck and low back as well as the rating decisions for the above listed conditions.” The CI also submitted a letter along with his application to the Physical Disability Board of Review (PDBR) stating the Air Force Physical Evaluation Board had rated his conditions based on incapacitating episodes but that the VA had used the...
AF | PDBR | CY2011 | PD2011-00222
The Board noted the presence of the shoulder condition as a currently rated condition by the VA, but notes that the scope of its recommendations does not extend to conditions that were incurred after separation or which were not diagnosed or in evidence at the time of medical separation. I have carefully reviewed the evidence of record and the recommendation of the Board. I concur with that finding, accept their recommendation and direct that your records be corrected as set forth in the...
AF | PDBR | CY2011 | PD2011-00224
After 12 months of TDRL the asthma condition was considered to be stable, but still 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. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2011 | PD2011-00226
CI CONTENTION : The CI states: “I was rated 10% and unfit to stay in the Army by the Army, but the VA rated my back at 40%, so I would like to get a re-look at my records and also I have been rated for several other conditions which the Army did not rate me for. Gait antalgic due to pain; no focal tenderness, no abnormal spinal contour, muscle spasm, or guarding noted; normal neurologic exam; all motions with significant pain; repetitive range of motion testing not attempted secondary to...
AF | PDBR | CY2011 | PD2011-00228
Neck Pain Condition. The PEB rated the CI’s knee pain condition at 0% for slight/intermittent pain IAW the USAPDA pain policy. 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: VASRD CODE 5242 5099-5003 COMBINED RATING 20% 10% 30% UNFITTING CONDITION Chronic Neck Pain Chronic Right Knee...
AF | PDBR | CY2011 | PD2011-00230
The CI was medically separated with a 20% combined disability rating. At the VA compensation and pension (C&P) examination three months after separation, there was indication of constant pain radiating to the CI’s right lower leg and great toe. After due deliberation, the Board majority agreed that the preponderance of the evidence with regard to the functional impairment of the lumbago condition favors its recommendation as an additionally unfitting condition for separation rating.