AF | PDBR | CY2011 | PD2011-00903
His occupational impairment and MSE improved 4 months after TDRL, and at the interim and TDRL separation exams, both 2 years apart, the CI was working full-time, not taking medications, demonstrated mild symptoms and on had meaningful relationships. Service Treatment Record I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum.
AF | PDBR | CY2011 | PD2011-00904
PHYSICAL DISABILITY BOARD OF REVIEW Rhabdomyolysis Condition . 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 | CY2011 | PD2011-00905
The PEB adjudicated the chronic left foot and ankle pain condition and mechanical LBP condition as unfitting, rated 10% and 0% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Foot and Ankle Pain Condition . The PEB’s 0% rating was based on an assessment that the condition was characterized by “slight subjective symptoms only.” The VA’s 20% rating was assigned for “muscle spasm on extreme forward bending, loss of lateral spine motion,...
AF | PDBR | CY2011 | PD2011-00908
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. Bilateral Knee Condition . RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical...
AF | PDBR | CY2011 | PD2011-00910
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The rating for the unfitting lumbar spine condition is addressed below; and, since none of...
AF | PDBR | CY2011 | PD2011-00913
(2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The rating for unfitting conditions will be reviewed in all cases. The VA examiner reported right knee ROM as detailed above. 3 PD1100913 RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and...
AF | PDBR | CY2011 | PD2011-00915
The Service ratings for unfitting conditions will be reviewed in all cases. The Board considered that both the PEB’s anxiety disorder and the CI’s noted VA PTSD diagnosis are mental health conditions with similar standards of fitness and use the same VA rating criteria of §4.130. In addition to the CI’s spinal fusion condition 40% rating, the CI should also be found unfit and rated for his mental health condition.
AF | PDBR | CY2011 | PD2011-00918
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: 50% disability for six months effective the date of the individual’s original medical separation for disability with severance pay and then following this six month period recharacterize the individual’s separation as a permanent...
AF | PDBR | CY2011 | PD2011-00920
PHYSICAL DISABILITY BOARD OF REVIEW - There are several disabilities rated by the VA as service connected that were not considered at the time the PEB board made its rating. Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00923
The Physical Evaluation Board (PEB) adjudicated the FMS as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The Board notes that the PEB considered the somatization disorder to be a Category II condition (one which contributes to the unfit condition, but it not separately unfitting) and that the VA also associated it with the fibromyalgia condition and awarded it a 0% disability rating. No evidence was found that this condition...
AF | PDBR | CY2011 | PD2011-00926
The Board considered if the trapezius myofascial pain was a separately unfitting condition. The Board considered if the bilateral plantar fasciitis condition was a separately unfitting condition. The Board unanimously determined the bilateral plantar fasciitis was unfitting and recommended, by a vote of 2:1, that the right and left foot plantar fasciitis be separately rated at 10% and coded 5284 IAW VASRD §4.71a.
AF | PDBR | CY2011 | PD2011-00927
The PEB adjudicated the history of chest pain with EKG evidence of a septal infarct and sinus arrhythmia condition and the asthma condition as unfitting, rated 0% and 0% respectively, with likely application of DoDI 1332.39 and the Veterans Administration Schedule for Rating Disabilities (VASRD). The VA coded the CI’s combined respiratory conditions (asthma and OSA) as 6602-6847 at 50% IAW VASRD §4.96 (a) and stated “The law requires when certain respiratory conditions coexist, a single...
AF | PDBR | CY2011 | PD2011-00937
IAW VASRD §4.71a, the Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved. The narrative summary (NARSUM) characterized the pain only as “constant low back pain on the left with intermittent flares.” The physical examination documented left sacroiliac joint tenderness, and recorded range-of-motion (ROM) measurements for both the lumbar spine and left hip. Bilateral Knee Condition(s) .
AF | PDBR | CY2011 | PD2011-00938
The CI appealed to the Formal PEB (FPEB) which adjudicated the bilateral knee pain unfitting at 20% and the ilioinguinal nerve pain at 0%, with specified application of the US Army Physical Disability Agency (USAPDA) pain policy for rating the knee condition and with specifying the Veterans Administration Schedule for Rating Disabilities (VASRD) criteria for the ilioinguinal condition. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the...
AF | PDBR | CY2011 | PD2011-00940
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in the Department of Defense Instruction (DoDI) 6040.44 (4.a) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; and, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The only contended condition that is within the scope of the Board is radiculopathy. Chronic Back Pain Condition...
AF | PDBR | CY2011 | PD2011-00941
(2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings for unfitting conditions will be reviewed in all cases. The initial narrative summary (NARSUM) and PEB considered the CI unfitting for asthma compounded by vocal cord dysfunction and rated the CI under (analogously to) the asthma coding criteria...
AF | PDBR | CY2011 | PD2011-00942
The original Physical Evaluation Board (PEB) adjudicated the seizure disorder, partial complex with generalization condition as unfitting with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD), Department, but determined it to be non-compensable based on noncompliance by the CI. Following additional clarification from neurology, a Reconsideration PEB determined the seizure disorder was unfitting, noted the break-through seizures associated with missed medications...
AF | PDBR | CY2011 | PD2011-00943
The PEB adjudicated the asthma as unfitting, rated 30%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD); and, placed the CI on the Temporary Disability Retired List (TDRL). This decision was affirmed on review by the US Army Physical Disability Agency (USAPDA); and, the CI was removed from TDRL in 2006 and permanently separated with a 10% disability rating. Asthma660230%10%Asthma660230%No Additional MEB EntriesRight Shoulder...
AF | PDBR | CY2011 | PD2011-00944
After 44 months on the TDRL the PEB assigned a permanent disability rating of 10% for the PTSD condition. PTSD Condition . Exhibit C. Department of Veterans' Affairs Treatment Record
AF | PDBR | CY2011 | PD2011-00945
The CI was then medically separated with a 20% disability rating. The Board first considered whether the CI’s lumbar spine condition and radiculopathy condition were separately unfitting conditions warranting separate ratings. Although the unfitting radiculopathy condition was related to the CI’s spine condition, the impairment interfering with duty was the radicular pain due to scar tissue, not lumbar pain.
AF | PDBR | CY2011 | PD2011-00946
Therefore the Board concluded the CI’s persisting fatigue condition was appropriately rated by the PEB and that rating under the code for chronic fatigue syndrome was not warranted. An MEB examination on 26 January 2006, noted the condition was “doing some better.” Medical records after separation show continued problems with the condition and recommendation for surgery in 2007. In the matter of the chronic neck pain condition, the Board unanimously recommends that it be added as an...
AF | PDBR | CY2011 | PD2011-00947
The Board determined therefore that there were no dental conditions subject to service 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. 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 | CY2011 | PD2011-00950
The Informal PEB (IPEB) adjudicated the cognitive disorder as unfitting, rated 10%; citing a criterion of Department of Defense Instruction (DoDI) 1332.39, but rating IAW criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD) in effect for code 8045 (brain disease due to trauma). In the matter of the seizure disorder due to TBI, the Board unanimously recommends that it be added as an additionally unfitting condition for disability rating, coded 8045-8910 and rated...
AF | PDBR | CY2011 | PD2011-00952
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 40% for the chronic back pain condition coded as 5292 lumbar spine degenerative disc disease. Providing a correction to the individual’s separation document showing that the individual was separated by reason of permanent disability retirement effective the date of the original medical separation for disability with severance pay. Providing...
AF | PDBR | CY2011 | PD2011-00953
The PEB adjudicated the back and bilateral knee conditions as unfitting, rated 10% and 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Back Condition . After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 10% for the left knee condition and a disability rating of 0% for the right knee condition IAW §4.59.
AF | PDBR | CY2011 | PD2011-00954
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (92G1O/Food Service Specialist), medically separated for degenerative disc disease (DDD) of the thoracolumbar spine after a 3 1/2 year history of mid and low back pain (LBP). The PEB adjudicated the DDD, thoracolumbar spine and dextroscoliosis condition as unfitting, rated 10% with application of a Veterans Administration Schedule for Rating...
AF | PDBR | CY2011 | PD2011-00955
We feel that this warrants a review for a consideration to The Permanent Disabled Retired List.” He elaborates no specific contentions regarding rating or coding and mentions no additionally contended conditions. The Board however noted a neurology clinic record dated 21 May 2007 that indicated the CI was not using CPAP, that prescribed medication completely controlled the cataplexy, and that medication was also controlling his daytime sleepiness. At the time of the 26 March 2010 C&P...
AF | PDBR | CY2011 | PD2011-00956
The Board considered whether the neck pain condition, separate from the back pain condition, was unfitting for continued military service. Back Pain Condition . The Board considered whether the lumbar back pain condition, separate from the neck pain condition, was unfitting for continuing military duties.
AF | PDBR | CY2011 | PD2011-00958
The C&P examination on 26 November 2002 recorded plantar pain on arising and use of custom shoes and inserts which were reported to be helpful and enabled the CI to walk “okay.” On examination gait pattern was “satisfactory,” and the CI would walk on heels and toes. Evaluation by orthopedics on 4 January 2000 recorded report of bilateral knee pain for the prior four to 12 months, right greater than left, without a history of injury. In the matter of the chronic pain, low back,...
AF | PDBR | CY2011 | PD2011-00959
Aggravating factors contributing to the back pain may be back pain 3-4 years after lifting a chair.” Medical records document care for right shoulder pain in January 2002 and January 2006 without history of injury or trauma. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the any of the contended conditions, and, therefore, no additional disability...
AF | PDBR | CY2011 | PD2011-00961
The second Reconsideration PEB adjudicated the bilateral plantar fasciitis as unfitting, rating it 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). If this is the case, please review, in addition to the 20% rating given for my feet, the conditions the Army PEB determined to be fitting for military service, namely by [ sic ] migraine headaches, back pain, and hip pain. The ratings for the unfitting bilateral plantar fasciitis condition will be...
AF | PDBR | CY2011 | PD2011-00963
Right Shoulder Condition . This exam indicated slight weakness, mild impingement signs, tenderness, and normal sensory exam. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00964
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The rating for the unfitting sciatic neuritis, lumbar disk disease, and bilateral knee...
AF | PDBR | CY2011 | PD2011-00966
(2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The condition Peripheral Sensory Neuropathy is a rated condition and meets the criteria prescribed in DoDI 6040.44 for Board purview. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends...
AF | PDBR | CY2011 | PD2011-00967
The PEB adjudicated the bilateral stress fractures of the tarsal navicular bones as unfitting, rated 0% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. The condition pes planus as requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is addressed below, in addition to a review of the ratings for the unfitting conditions of bilateral stress fractures of the tarsal navicular bones. In the matter of the...
AF | PDBR | CY2011 | PD2011-00968
Gait disturbance or use of an assistive device was not documented in the narrative summary (NARSUM) or in proximate outpatient notes; and was attributed to the lumbar spine condition in the VA rating decision. Its application in this case would therefore entail separate ratings; which was the rating choice pursued by the VA. IAW VASRD §4.7 (higher of two evaluations), the Board must consider separate ratings for PEB combined adjudications; although, separate fitness assessments must justify...
AF | PDBR | CY2011 | PD2011-00972
The Board considered §4.126 which states that a rating is 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. In the matter of the 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. After careful...
AF | PDBR | CY2011 | PD2011-00973
PHYSICAL DISABILITY BOARD OF REVIEW The Physical Evaluation Board (PEB) adjudicated the low back condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Both PEB and VA rated the back condition 10% IAW VASRD §4.71a, General Rating for Disease of the Spine, citing reduced ROM from pain.
AF | PDBR | CY2011 | PD2011-00976
The Board evaluates DVA evidence proximate to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of fitness decisions and rating determinations for disability at the time of separation. Cognitive Disorder/TBI Condition . The PEB’s and VA’s post-separation rating (derived from service evidence) were driven by the VASRD in effect for TBI (subsuming cognitive impairment) in 2003, which the Board must also apply IAW DoDI 6040.44; although, the...
AF | PDBR | CY2011 | PD2011-00980
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PV/E-2 (42L10 / Administrative Specialist), medically separated for low back pain (LBP) condition. The 20% criteria for the spine allows for rating based on limitation of motion or evidence of muscle spasm that results in an abnormal gait and or abnormal spine contour. The Board recognized the PEB ruling documented muscle spasm, the NARSUM documented an...
AF | PDBR | CY2011 | PD2011-00984
The right hallux valgus/limitus condition (bunion surgery and post-surgical result) was the principle cause of the right foot pain surgery and chronic right foot pain and was considered in rating the CI’s primary unfitting foot pain condition. The VA exam summary for pes planus is discussed above and all symptoms from the pes planus condition were considered in the rating of the foot pain condition. In the matter of the contended pes planus and hallux valgus conditions, the Board...
AF | PDBR | CY2011 | PD2011-00987
At his November 2002 MEB orthopedic evaluation, 16 weeks prior to separation, the CI reported right shoulder pain and decreased ROM. IAW the Veterans’ Administration Schedule for Rating Disabilities (VASRD), arm motion that is limited to shoulder level warrants a disability rating of 20% under diagnostic code 5201. It is appropriately coded 5201, and meets VASRD criteria for the 20% rating level.
AF | PDBR | CY2011 | PD2011-00988
Chronic Back Pain with Left Leg Paresthesias Condition . The PEB’s DA Form 199 characterized this as “left leg paresthesias without neurologic or electrodiagnostic abnormality.” Although it was not identified and rated by the VA until 6 years after separation, there is clinical evidence in the service record documenting findings consistent with left lower extremity radiculopathy. A few months after these studies; however, the NARSUM examiner found sensory deficits of the left foot while...
AF | PDBR | CY2011 | PD2011-00989
The Physical Evaluation Board (PEB) adjudicated the low back condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and likely application of the US Army Physical Disability Agency (USAPDA) pain policy. At the VA Compensation and Pension (C&P) exam a month after separation, the CI reported up to 10/10 in LBP with radiation of pain, use of narcotic pain medication and no episodes of incapacitation. The contended condition...
AF | PDBR | CY2011 | PD2011-00991
The PEB adjudicated the left obturator neuritis, s/p GSW in pelvis condition as unfitting, rated 0% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Evaluation at this time by the pain clinic, noted some tenderness at the bullet entrance scar on the abdominal wall. The CI noted he could function with medication during painful flares.
AF | PDBR | CY2011 | PD2011-00993
The CI was medically separated with a 10% disability rating. Post-Separation) – All Effective Date 20070801 Service Recon PEB – Dated 20070702 Condition Code Rating No Separate VA Entry (see 9434 below and 5025 above) Code 5025 8100 5010-5237 5024-5284 5024-5284 6847 9434 7101 6260 5201-5024 Rating 10%* 30% 10% 10% 10% 50% 50% 0% 10% 10% Exam 20080219 20080219 20080219 20080219 20080219 20080212 20080201 20080219 20080219 20080206 Not Service Connected 7399-7346 6820 5010-5237 7899-7806 No...
AF | PDBR | CY2011 | PD2011-00994
PHYSICAL DISABILITY BOARD OF REVIEW Left Knee Condition . Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00995
PHYSICAL DISABILITY BOARD OF REVIEW The condition of migraine headaches was considered non-service-connected by the VA, was not part of the VA’s 40% or 60% ratings and is therefore not considered as a contended condition, and is not within the Board’s purview. Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00996
Pain was exacerbated by “driving and lifting over 25 pounds.” The VA exam noted a normal gait; and “only mild paraspinal tenderness” with “no associated muscle spasm.” Conversely the ROM measurements recorded by the VA examiner were a flexion of 25⁰, extension 20⁰, right flexion 20⁰ and left flexion 15⁰ (no rotational measurements). The VA rating decision for the 40% rating invoked ‘severe’ limitation of ROM under code 5292, which was supported by the marked ROM impairment documented on the...
AF | PDBR | CY2011 | PD2011-00997
PHYSICAL DISABILITY BOARD OF REVIEW RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: Physical Disability Board of Review