AF | PDBR | CY2011 | PD2011-00999
The PEB adjudicated the bilateral osteochondrosis condition as unfitting, rated 20% with application of SECNAVINST 1850.4E and Veterans Administration Schedule for Rating Disabilities (VASRD). In September 2002 the CI presented for care for a 6 to 12-month history of right knee pain and sporadic left elbow and hand pain. Service Treatment Record.
AF | PDBR | CY2011 | PD2011-01003
On the general VA Compensation and Pension (C&P) examination on 23 September 2003, 3 months before separation, the musculoskeletal system examination was noted as unremarkable without detail referring to the MEB examination; “see medical evaluation board and claimant’s medical record for details of this problem and associated functional limitations.” As a residual of the surgery it was noted that there was a mildly diminished sensation to simple touch and sharp over the right upper extremity...
AF | PDBR | CY2011 | PD2011-01004
None of the commander’s statements in evidence indicated a loss of duty time from the headaches and the final statement on 10 October 2007 documented that he was working “40-45 hours a week.” The Board first considered the coding option for 8100, migraine headaches. The contended conditions adjudicated as not unfitting by the PEB were TBI with memory impairment, HFHL left ear, right hand paresthesias, cervical disc disease, and mental health condition diagnosed as anxiety disorder prior to...
AF | PDBR | CY2011 | PD2011-01009
The Informal Reconsideration PEB adjudicated the pes valgoplanus and secondary plantar fasciitis condition and the right wrist pain condition as unfitting, rated 20% and 0% respectively, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD) and specified application of the US Army Physical Disability Agency (USAPDA) pain policy respectively. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the...
AF | PDBR | CY2011 | PD2011-01013
The PEB adjudicated the chronic LBP condition and depression condition as unfitting, rated 10% and 10% respectively with application of the DoDI 1332.39 and Veterans Administration Schedule for Rating Disabilities (VASRD). Although there was no pain with movement at the time of the C&P examination, service treatment records reflected pain with use prior to separation and the Board concluded this supported a 10% rating with application of §4.59 and §4.40. Depression Condition .
AF | PDBR | CY2011 | PD2011-01014
The DES has neither the role nor the authority to compensate service members for anticipated future severity or potential complications of conditions resulting in medical separation nor for conditions determined to be service-connected by the Department of Veterans’ Affairs (DVA) but not determined to be unfitting by the PEB. Asthma Condition . The PEB placed the CI on the TDRL with a rating of 30%.
AF | PDBR | CY2011 | PD2011-01015
At the MEB exam performed on 12 September 2006, 4 months prior to separation, the CI reported pain in the lower back, right knee and hip, as well as pain in the left leg to his feet early in the morning. Flexion (90)800-70; pain at 60Extension (30)200-30; pain at 00Combined (240)205220Comment+ Tenderness; painful motion+ Tenderness; painful motion§4.71a Rating10%10%The Board found no evidence of physician prescribed bed rest for incapacitating episodes in the service treatment record (STR)....
AF | PDBR | CY2011 | PD2011-01017
PHYSICAL DISABILITY BOARD OF REVIEW The PEB adjudicated the degenerative arthritis of both hips condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-01019
The CI withdrew his request therefore the eight additional conditions were never addressed by the PEB and he was medically separated with a 20% disability rating. 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 OSA; and, therefore, no additional disability ratings can be recommended. RECOMMENDATION : The Board, therefore, recommends that there...
AF | PDBR | CY2011 | PD2011-01020
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (88M10 / Motor Transport), medically separated for chronic neck pain operative residuals for left C7 radiculopathy with C4/5 and C5/6 degenerative disc disease (DDD). ConditionCodeRatingConditionCodeRatingExam Chronic Neck Pain …5099-50030%Status Post Cervical Spine Fusion Secondary to Large Osteophytes and Spine Stenosis of Cervical...
AF | PDBR | CY2011 | PD2011-01021
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 bilateral hip condition is addressed below; and, no additional...
AF | PDBR | CY2011 | PD2011-01022
The Board’s role is confined to the review of medical records and all evidence at hand to assess the fairness of PEB disability ratings and fitness determinations as elaborated above. Painful motion was documented at both the MEB and VA examinations. 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 urinary retention condition; thus no additional...
AF | PDBR | CY2011 | PD2011-01023
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SSG/E-6 (92G, Cook), medically separated for chronic low back pain (LBP). Low Back Pain Condition . The NARSUM referenced a physical medicine note (not in evidence) that stated the CI was not affected by any symptoms between episodes of pain; that exam reportedly noted a normal gait and no lower extremity weakness.
AF | PDBR | CY2011 | PD2011-01024
The conditions of history of deep vein thrombosis of the right and left lower extremities with post-phlebetic syndrome and chronic venous insufficiency as requested for consideration are the residuals that, IAW with the VASRD, should be used to rate the unfitting condition of heterozygous factor V Leiden deficiency and therefore they meet the criteria prescribed in DoDI 6040.44 for Board purview; and are addressed below, as part of the review of the rating for the unfitting condition. ...
AF | PDBR | CY2011 | PD2011-01025
The PEB adjudicated the bilateral knee condition as unfitting, rated as 10% for each knee (20%); with application of the VASRD. The Board also noted the CI’s service appeal contended primarily categorizing his condition as “in the performance of duty under conditions simulating war.” The Board’s authority as defined in DoDI 6040.44, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. In the matter of the...
AF | PDBR | CY2011 | PD2011-01026
Neck Condition . The Board therefore, recommends a rating of 10% for the neck pain condition. The Board therefore, recommends a rating of 10% for the lower back pain condition.
AF | PDBR | CY2011 | PD2011-01027
Given that the VA goniometric evaluation is the only source of evidence available to the Board that is compliant with VASRD §4.46 (accurate measurement), that the VA evaluation was more temporally proximate to separation than the MEB evaluation (7 months prior to separation), and that the VA evaluation was clinically consistent with the pathology and severity reflected throughout the STR. The Board considered whether additional service ratings could be recommended under a peripheral nerve...
AF | PDBR | CY2011 | PD2011-01028
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 low back pain also radiated to the left buttock, hip and the upper anterior left thigh including “left sacroiliac joint pain, which is thought to be related to the low back pain.” X-rays of the lumbar spine and sacroiliac joints were normal; MRI of the...
AF | PDBR | CY2011 | PD2011-01029
Although the PEB adjudicated “bilateral knee” as the unfitting condition, the record of proceedings reflects separate codes and ratings for each knee, with application of the bilateral factor in computing the combined rating, which is consistent with VASRD standards. 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
AF | PDBR | CY2011 | PD2011-01031
Although the 40% rating was not supported by the evidence of the service treatment record, the PEB placed the CI on the TDRL with a rating of 40%. The PEB concluded the diabetes unfitting for continued military service and adjudicated a permanent 20% rating. Both at the time of placement on the TDRL and at the time of permanent disability disposition and removal from the TDRL, the CI’s diabetes was treated with diet and medication (an oral medication and insulin) meeting the VASRD criteria...
AF | PDBR | CY2011 | PD2011-01032
The Board further deliberated if additional disability was justified for radiculopathy in this case. 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 | CY2011 | PD2011-01037
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic right wrist pain condition as unfitting, coded 5099-5033, and rated 0% with application of the US Army Physical Disability Agency pain policy. The VA coded the condition as 5024-5215 tenosynovitis--wrist, limitation of motion and rated 10% based on the application of §4.59 (Painful motion).
AF | PDBR | CY2011 | PD2011-01039
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. At the MEB exam, completed 14 months prior to separation in September 2001, the CI reported; severe and debilitating fatigue which had impaired his ability to adequately perform his duties, non-refreshing sleep, daytime fatigue, intermittent leg pain which...
AF | PDBR | CY2011 | PD2011-01040
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. Exhibit C. Department of Veterans' Affairs Treatment Record. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-01042
The Physical Evaluation Board (PEB) adjudicated the visual field deficit right eye condition as unfitting, rated 30%, and placed the CI on the Temporary Disability Retired List (TDRL). At the time the CI was placed on the TDRL, the PEB rated the visual field deficit condition at 30% under a combination VASRD code reflecting that an impairment of visual field (code 6080) was possibly due to TB (6010). In the matter of the right eye visual field condition, the Board unanimously recommends a...
AF | PDBR | CY2011 | PD2011-01043
The Board first considered the rating at the time of separation. The requirement for antipsychotic medication, the occupational impairment described by the commander and the need for hospitalization were considered to be indicators of the serious nature of the mental condition, and weighed heavily 3 PD1101043 in the Board’s deliberation. In the matter of the bipolar disorder PTSD condition, the Board by a vote of 2:1 recommends an initial 4 PD1101043 UNFITTING CONDITION Bipolar Disorder...
AF | PDBR | CY2011 | PD2011-01045
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. Neurosurgical notes do not indicate whether the scoliosis noted on x-rays was developmental in nature, due to the L1 vertebral fracture, or due to muscle spasm. Based on this ROM examination, the VA granted an additional 10% rating for back pain in accordance with the VASRD general rating formula for...
AF | PDBR | CY2011 | PD2011-01046
The MEB forwarded rheumatoid arthritis to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. The PEB adjudicated the rheumatoid arthritis condition as unfitting, rated 20% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The examiner concluded: “Although she is capable of performing her duties within her MOS, she cannot participate sufficiently in field training and is non-deployable, her overall performance of duty as a soldier...
AF | PDBR | CY2011 | PD2011-01048
Recurrent episodes of increased chest pain prompted evaluation for suspected recurrent pulmonary embolism in March 2000 and again in May 2001; however, pulmonary angiogram performed each time was negative for evidence of acute pulmonary embolism, chronic pulmonary embolism, or chronic pulmonary vascular disease. The evidence clearly establishes that, after the second pulmonary embolism in September 1999, the CI did not have recurrent or chronic pulmonary thromboembolism as specified in the...
AF | PDBR | CY2011 | PD2011-01049
When the VA rated me they considered all medical issue. The PEB and VA both rated the condition 10% under VASRD code 8716, ulnar nerve, neuralgia (minor/nondominant), mild. The Board agreed with the adjudication of the residual ulnar neuropathy condition under VASRD §4.123 based on history and physical findings of extremity tingling in both the PEB and C&P evaluations.
AF | PDBR | CY2011 | PD2011-01051
The MEB examiner noted that the right hand dominant CI had reduced ROM and strength of the forearm, wrist and fingers. After the second C&P, the VA raised the rating to 30% still using the 5307 code for severe muscle injury, retroactive to separation. 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...
AF | PDBR | CY2011 | PD2011-01052
Right Shoulder Condition . Since instability was the dominant disability and there was no compensable ROM limitation; application of 5202 by the Board is clearly indicated. Code 5202 provides ratings for “recurrent dislocation of the scapulohumeral joint”: a 30% (major) rating for “frequent episodes and guarding of all arm movements”; and, 20% for “infrequent episodes, and guarding of movement only at shoulder level.” Since the ratings are for ‘recurrent dislocation’, there is importance...
AF | PDBR | CY2011 | PD2011-01053
PHYSICAL DISABILITY BOARD OF REVIEW The PEB and VA each rated the left and right knees at 10% each using the criteria of disability code 5003. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-01054
Low Back Pain Condition . The initial VA exam closest to separation had ROMs consistent with the subsequent VA exams, however, there was some decreased probative value as exams prior to it and following it demonstrated an absence of left ankle reflex and the neurologic exam was limited to “normal” without further details. Board deliberations focused on rating under 5292 (limitation of motion) of 20% (moderate) or 40% (severe); or under 5293 at 20% (moderate; recurring) or 40% (severe,...
AF | PDBR | CY2011 | PD2011-01056
The MEB forwarded right hip pain secondary to femoral neck stress fracture and left sacroilitis condition on the DA Form 3947 to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. An MRI done at that time noted no evidence of a left hip stress fracture. The CI was seen in follow up by Orthopedics for left hip pain in January 2009 with findings of a positive impingement test in the anterior and posterior left hip and it was noted that the more the CI walked, there...
AF | PDBR | CY2011 | PD2011-01057
Right Shoulder Condition . On examination, the anterior shoulder was tender and pain with active motion was evident. Because it appeared that surgery resulted in no further episodes of dislocation or evidence of instability, that there was no pain and that limitation of motion was non-compensable, the PEB clearly took a rating approach favorable to the CI.
AF | PDBR | CY2011 | PD2011-01058
After Separation) – All Effective Date 20070913 Condition Degenerative Disc Disease (DDD) Lumbar Spine with Chronic LBP Right Leg Neuropathy a/w DDD Lumbar Spine … Sleep Apnea Left Rotator Cuff Tear Umbilical Hernia with Recurrence Adjustment Disorder with Anxiety and Depression Code 5237 8521 6847 5299-5201 7399-7339 9440-9434 0% x 2 Rating Exam 30%* 20080325 20% **not noted 20% 20% 30% 20080325 20110309 20080325 20080325 20080518 20080325 Combined: 0% Combined: *80% * DDD, 5237 rated 30%...
AF | PDBR | CY2011 | PD2011-01059
incapacitating episodes over the past 12 months or by Proximate to separation, there was no indication of radicular complaints and there were few incapacitating episodes as defined by the VASRD (acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician) that would not support a higher rating level. The Board deliberated concerning the NARSUM ROM limitations and discussion focused on the determination of rating...
AF | PDBR | CY2011 | PD2011-01061
The FPEB convened 26 April 2007 and after reviewing newly provided medical documents, adjudicated the right knee chondromalacia osteoarthritis of the medial compartment as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). In January 2005 surgical arthroscopy was performed on the knee revealing right knee chondromalacia of the patella with lateral patellar mal-tracking and chondromalacia of the medial femoral condyle and lateral tibial...
AF | PDBR | CY2011 | PD2011-01062
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in 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.” In addition to a review of the ratings for the unfitting conditions, all of the conditions requested for consideration meet the criteria prescribed in...
AF | PDBR | CY2011 | PD2011-01064
Pain and Weakness in the Left (Non-Dominant) Shoulder Condition . It documented full ROM of the left shoulder without pain as well as normal sensory, motor, and reflex examinations throughout the left upper extremity. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-01065
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. Back Condition. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR) pertaining to the individual named in the subject line...
AF | PDBR | CY2011 | PD2011-01072
At her first TDRL periodic evaluation, the CI’s endometriosis not controlled by treatment condition was found not sufficiently stabilized to permit final adjudication, while her back and knee pain were changed to not unfitting at that time. The CI was continued on the TDRL with a 30% rating for endometriosis. After her subsequent and final TDRL periodic evaluation, the IPEB determined the CI’s status post TAH/BSO in treatment of endometriosis, with intermittent cramping, pelvic pain...
AF | PDBR | CY2011 | PD2011-01074
The CI was then medically separated with a 10% disability rating. Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Army Board for Correction of Medical Records. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation: VASRD CODE RATING 5293-5295 COMBINED 20% 20% Chronic LBP...
AF | PDBR | CY2011 | PD2011-01075
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20050228 NAME: XXXXXXXXXXXXXXXXX CASE NUMBER: PD1101075 BOARD DATE: 20121002 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (42A/Personnel Administration), medically separated for chronic right foot pain secondary to plantar fasciitis. An initial Physical Evaluation Board (PEB) adjudicated the chronic...
AF | PDBR | CY2011 | PD2011-01077
Right Shoulder Condition . While the VA exam performed 6 months after separation demonstrated a shoulder dislocation, “frequent episodes and guarding of all movements” required for the 30% rating under code 5202, was not specified. 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 | PD2011-01078
The PEB adjudicated the low back condition as unfitting, rating at 20%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). CI CONTENTION : The CI states: “VA CODE 5243 was given for my condition when clearly in AR 635-40 the condition should’ve been viewed under VA CODE 5293. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-01079
Bilateral Foot Condition. The Board notes, however, that the disability in this case is a good analogous fit with peripheral nerve coding in alignment with the VA approach. UNFITTING CONDITION Chronic Pain and Neuralgia, Left Foot Chronic Pain and Neuralgia, Right Foot VASRD CODE RATING 8799-8725 8799-8725 COMBINED (w/ BLF) 10% 10% 20% XXXXXXXXXXXXXXXXXXXXXXX President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (TAPD-ZB / ),...
AF | PDBR | CY2011 | PD2011-01080
Pre-Separation) – All Effective Date 20060215 Condition Rheumatoid Arthritis Coccidioidomycosis Code 5002 6835 Rating 20% 0% ↓No Additional MEB/PEB Entries↓ Rheumatoid Arthritis Coccidioidomycosis Condition Code 5002 6835 Not Service-Connected x 4 Rating 10%* 50%** Exam 20090115 20090310 20090115 Combined: 20% Combined: 60% *Initially not service connected and not associated with 6835. The NARSUM states the CI continued to have pain affecting multiple joints and was unable to perform the...
AF | PDBR | CY2011 | PD2011-01081
The PEB found the right knee condition unfitting, and rated it 10%, IAW the Veterans’ Administration Schedule for Rating Disabilities (VASRD). Exhibit C. Department of Veterans Affairs Treatment Record. In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR the following individuals’ records not be corrected to reflect a change in either characterization of...