AF | PDBR | CY2011 | PD2011-00438
Neither the MEB examiner, nor the VA examiner documented that the CI had frequent episodes of locking or effusions in the knee and there was no evidence of dislocated meniscus following surgical meniscectomy. At the time of the MEB examination, the CI reported occasional numbness in her hands on the DD Form 2807. SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXXXXX, AR20120004761 (PD201100438)
AF | PDBR | CY2011 | PD2011-00439
ROM was noted to be normal with pain noted at full flexion. Right Shoulder Condition . In the matter of the chronic right shoulder pain condition, the Board unanimously recommends a permanent service disability rating of 10%, coded 5099-5003 IAW the 2002 VASRD §4.71a.
AF | PDBR | CY2011 | PD2011-00440
After a C&P examination was completed and the examiner noted that, at least as likely as not (50/50 probability), the bilateral knee pain resulted from the injury that occurred while the CI was on drill status in March 2003, the VA service-connected the condition and did not consider the condition to have EPTS. The right and left knee pain conditions are not considered to have EPTS and the disability ratings should be rated based on the limitations present at the time of separation. After...
AF | PDBR | CY2011 | PD2011-00441
The MEB examination five months prior to separation indicated continuous slight pain; numbness in toes when walking; treatment failure of steroid injections, orthotics, Jobst stockings and crutches; and pain with walking on heels and toes. Whether this condition was due to DDD in his lumbar spine or tarsal tunnel syndrome does not affect the rating at the time of separation. If DDD was present at the time of separation, the CI had a normal back exam with no painful motion and no decreased...
AF | PDBR | CY2011 | PD2011-00442
All documented modest to moderate ROM reductions, but all were in the noncompensable or minimum compensable (10%) ranges; except for a significantly disparate PT exam 6 months prior to separation noting 90 degree flexion (ratable at 20% via code 5206) and 38 degree pronation (ratable at 30% via 5213). Before addressing its rating recommendation for the biceps tendon injury at the elbow, the Board must acknowledge that there is clear evidence that the CI suffered a right shoulder injury...
AF | PDBR | CY2011 | PD2011-00443
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 5003-5259 COMBINED 10% 10% UNFITTING CONDITION Right Knee Degenerative Arthritis The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20110523, w/atchs Exhibit B. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXX, DAF Director Physical...
AF | PDBR | CY2011 | PD2011-00444
The PEB adjudicated the BPD II in full remission associated with anxiety disorder, social and industrial adaptability impairment mild, as unfitting, rated at 10%, with application of Veterans’ Administration Schedule for Rating Disabilities (VASRD). In the matter of the left knee, left shoulder, neck pain, headaches, right wrist condition, hydrocoele, anemia and seasonal allergic rhinitis or any other condition eligible for Board consideration, the Board unanimously agrees that it cannot...
AF | PDBR | CY2011 | PD2011-00447
CI CONTENTION : The CI states, “I consider that conditions were under rated.” He additionally attached a two page statement to his application which was reviewed by the Board and considered in its recommendation. 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. Although a higher rating with application of...
AF | PDBR | CY2011 | PD2011-00449
PHYSICAL DISABILITY BOARD OF REVIEW The Physical Evaluation Board (PEB) adjudicated the chronic low back pain, sciatica, and lumbar neuritis after a gunshot wound condition as unfitting, rated 10%, 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 | PD2011-00451
On June 17, 2002 the Physical Evaluation Board (PEB) concluded that this member’s medical condition prevents performance of duty in his grade and specialty based on his chronic back pain and right knee pain and recommended a combined rating of 10%. Back Pain Condition . Right Knee Pain Condition .
AF | PDBR | CY2011 | PD2011-00453
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. Both the PEB and the VA rated the CI’s lumbar spine condition at 10%, coded 5295 (lumbosacral strain). The Board also considered a rating under the 5292 code for limitation of spine motion.
AF | PDBR | CY2011 | PD2011-00454
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 pre-separation C&P exam, no pain in the left foot at rest and a normal gait were recorded. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2011 | PD2011-00455
(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. Under VASRD §4.124a, for code 8045 effective the CI’s date of separation: RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the...
AF | PDBR | CY2011 | PD2011-00456
The February 2006 VA rating decision found service connection of low back (L4-L5) DDD based on the service treatment record, and assigned a 0% disability rating, coded 5242 (degenerative arthritis of the spine). As noted above, the Army PEB found the LBP condition unfitting. In the matter of the left lower leg soft tissue injury and IAW VASRD §4.118, the Board recommends no change in the PEB adjudication.
AF | PDBR | CY2011 | PD2011-00459
PHYSICAL DISABILITY BOARD OF REVIEW Right Knee Failed ACL Reconstruction525720%Right Knee Degenerative Arthritis with Pain-Limited Motion526010% COMBINED30% ______________________________________________________________________________ Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00462
The PEB adjudicated “seronegative lyme disease manifested by chronic fatigue and arthralgias of the shoulder, hands knees, ankles and feet” condition as unfitting, rated 20%, with application of the Veterans’ Administration Schedule for Rating Disabilities (VASRD). CI CONTENTION : “Initial rating by VA dated submitted April 14 2003 approved September 11, 2003 overall rating 30%, 20% residuals of lyme disease 10% recurrent rash with vesicles: 2005 20% Chronic Fatigue Syndrome added. ...
AF | PDBR | CY2011 | PD2011-00465
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 first considered the unfitting left shoulder condition. The Board, therefore, recommends that it be rated as an additionally unfitting condition.
AF | PDBR | CY2011 | PD2011-00466
The Board considered the chronic back pain radiating into the leg requiring narcotic pain medication, and the resulting physical limitations. The Board determined therefore that none of the stated conditions were subject to service disability rating. 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 | PD2011-00467
At the time of the Neurological consultation 12 months prior to separation, the CI was experiencing chronic daily bilateral frontal headaches not responding to medications, often present three times a week. 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. In the matter of the migraine headaches and mixed headaches condition, the Board recommends a rating of 30% IAW VASRD §4.124a.
AF | PDBR | CY2011 | PD2011-00469
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. Under these rating criteria, the CI’s condition could be considered either mild or moderate, recurring attacks. With the ROM limitations noted on the VA C&P examination, the CI’s limitation of motion could be considered as either slight or moderate.
AF | PDBR | CY2011 | PD2011-00470
In TDRL cases, the Board must also adhere to the DES standard that only those conditions which were present and unfitting at the time of temporary retirement may be considered for compensation and rating at the time of permanent separation or retirement. The Board determined therefore that none of the stated conditions were subject to service disability rating. In the matter of the migraine and mixed type headaches condition, the Board unanimously recommends an initial TDRL rating of 50%...
AF | PDBR | CY2011 | PD2011-00474
The PEB adjudicated the diabetes condition as unfitting, rated 20% with application of the DoDI 1332.39 and Veterans Administration Schedule for Rating Disabilities (VASRD). CI CONTENTION : “Disability was rated based on being Type II Diabetic. At the time of the MEB narrative summary (NARSUM), dated 12 February 2002, she was doing well and the examination was normal.
AF | PDBR | CY2011 | PD2011-00476
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty member; E-6/SSG (11B/Infantryman) medically separated for a neck (cervical) and back (lumbar) condition. The PEB adjudicated the chronic neck pain condition and chronic LBP condition as unfitting, rated each 10% for a combined rating of 20%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. The ROM’s for the C-spine met the 10%...
AF | PDBR | CY2011 | PD2011-00477
Gout with flares once per month to every other month, pain (moderate/constant) during a flare was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. Gout . The VA, however, increased the rating to 40% on 2 November 2007, retroactive to separation, based both on the increased frequency and duration as well as additional affected joints, all documented on the 13 July 2007 exam, over one year after separation.
AF | PDBR | CY2011 | PD2011-00478
The PEB adjudicated the left knee condition as unfitting, rated 0%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Left knee Pain Condition . Service treatment records also do not show evidence to suggest MS symptoms were present prior to separation.
AF | PDBR | CY2011 | PD2011-00479
On examination there was no instability of the knee; however, there was tenderness about the lateral aspect of the knee. Other PEB Conditions . The altered gait and status post surgical treatment of the left knee were considered by the Board in the rating for the left knee condition.
AF | PDBR | CY2011 | PD2011-00481
The CI was then medically separated with a 20% disability rating. The VA stated “in your case, review of the evidence we now have shows the severity of your low back condition and related mental disorder were of such a degree that rendered you totally disabled and would have prevented enlistment to military service at the time you re-entered active duty service.” The VA also stated, “it is under omission of the facts concerning your prior treatrnent, your in-service examiners evaluated your...
AF | PDBR | CY2011 | PD2011-00482
The IPEB adjudicated the cervical spine and hearing loss condition as unfitting, rated 10% and 0% respectively; with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Other IPEB Conditions . The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2011 | PD2011-00483
The treatment record does not show sufficient evidence that the mental condition caused any significant interference with the satisfactory performance of military duties. In the matter of the LBP condition, the Board unanimously recommends no change in the PEB adjudication. In the matter of the MDD, hamstring pain, TV, and PFB; the Board unanimously recommends no change in the PEB adjudication as not unfitting.
AF | PDBR | CY2011 | PD2011-00484
The Board agreed there was no additional rating to consider for the thoracic scoliosis as this was subsumed in the general rating formula for diseases and injuries of the spine and IAW VASRD §4.14 the evaluation of the same disability under various diagnoses is to be avoided. All evidence considered, there is not reasonable doubt in the CI’s favor supporting a change from the PEB’s rating decision for the thoracolumbar spine condition. The Board therefore has no reasonable basis for...
AF | PDBR | CY2011 | PD2011-00485
The PEB adjudicated the bilateral shoulder pain condition as unfitting, rated 10%; with application of the US Army Physical Disability Agency (USAPDA) pain policy. The Board considered the evidence of the service treatment record and MEB examination, as well as the C&P examination at the time of separation. In the matter of the left and right shoulder conditions and IAW VASRD §4.71a, the Board unanimously recommends a change in rating to 10% for the left shoulder condition and 10% for the...
AF | PDBR | CY2011 | PD2011-00487
“Hand pain and weakness” was adjudicated as related to the right hand hypothenar hammer syndrome and was discussed above in rating the right hand condition. Additionally, thoracic strain; bilateral knee patellofemoral syndrome; left foot plantar fasciitis; right foot plantar fasciitis with right little toe; left ankle strain; right ankle strain; cervical strain; bilateral tinnitus; impairment of hand-eye coordination and several other non-acute conditions were noted in the VA rating...
AF | PDBR | CY2011 | PD2011-00489
However, the military Services, by law, can only rate and compensate for those conditions that were found unfitting for continued military service based on the severity of the condition at the time of separation and not based on possible future changes. The PEB found the back condition unfitting and rated the back condition 20% (coded 5243, intervertebral disc syndrome) using the general rating formula for diseases and injuries of the spine that was consistent with MEB NARSUM range of...
AF | PDBR | CY2011 | PD2011-00490
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.” All of the conditions elaborated by the CI in his alternate coding appeals are encompassed by...
AF | PDBR | CY2011 | PD2011-00491
The CI developed symptoms of shortness of breath associated with an acute upper respiratory illness (URI) in March 2004. The PEB and the VA used the same coding, but arrived at different ratings for the condition. In the matter of the chronic obstructive pulmonary disease condition, the Board unanimously recommends a permanent service disability rating of 10%, coded 6604 IAW VASRD§4.97.
AF | PDBR | CY2011 | PD2011-00492
The ratings for unfitting conditions will be reviewed in all cases. Bilateral Lower Leg Condition. Service Treatment Record.
AF | PDBR | CY2011 | PD2011-00493
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: BRANCH OF SERVICE: army CASE NUMBER: PD1100493 SEPARATION DATE: 20050104 BOARD DATE: 20120109 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty member, SGT/E- 5 (25Q20/Multichannel Transmission Systems Operator/Maintainer), medically separated for left sacroiliac (SI) joint dysfunction with left hip pain. In the matter of the left SI joint...
AF | PDBR | CY2011 | PD2011-00494
Flexion (140⁰ normal)“approximately 0 to 125⁰”100⁰110⁰Extension (0⁰ normal)0⁰0⁰CommentVarus deformity, palpable femoral osteophytes, scar, crepitus, TTP, no instability (including Lachman’s), neg McMurray’s, mildly pos patellar grind3+ effusion, TTP (medial joint line & lat epicondyle), 30 ml normal joint fluid aspirated, steroid injected; Hx incr pain & effusion due to moving over last 2-3 wks, no lockingPainful motion, crepitus, scar nontender, no instability (including Lachman’s), neg...
AF | PDBR | CY2011 | PD2011-00496
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PFC/E-3 (19D, Cavalry Scout), medically separated for a seizure disorder . Seizure Condition . The VASRD provides for rating seizure disorder as either “major seizure” or “minor seizure,” with major seizure defined as a seizure that is “characterized by the generalized tonic-clonic convulsion with unconsciousness.” The Board notes that the CI’s seizure...
AF | PDBR | CY2011 | PD2011-00497
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty member, SFC/E7 (63H, Track Vehicle Repairer), medically separated for a lumbar spine condition . The PEB adjudicated the chronic back pain condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for...
AF | PDBR | CY2011 | PD2011-00498
Right Knee Condition . The MEB examiner described the right knee condition as PFS with history of patellar dislocation and subluxation. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2011 | PD2011-00501
Constant mild neck pain without radicular findings by physical exam or EMG nerve conduction study was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. The PEB adjudicated the chronic neck pain condition as unfitting, rated 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The Board reviewed the PEB’s analogous rating under the 2002 VASRD 5295 code.
AF | PDBR | CY2011 | PD2011-00502
The PEB adjudicated the GSW to the right thigh condition as unfitting, rated 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The VA rated this exam as 5314 at 30%. The crucial difference in rating was the selection of disability codes; the military coded the CI’s thigh GSW based on a knee ROM disability code of 5261 for non-compensable decreased knee extension; however, the VA rated the CI under disability code 5314 for muscle injury.
AF | PDBR | CY2011 | PD2011-00503
**Increased to 10% effective 20060501 based on exam 20060703 and treatment records. After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was not appropriate under the guidelines of the Veterans Administration Schedule for Rating Disabilities. I concur with that finding, accept their recommendation and direct that your...
AF | PDBR | CY2011 | PD2011-00504
I was rated on one knee condition at 10%. Both knees R and L have laxity was not rated on both conditions. In the matter of the right and left knee condition (anterior patellofemoral pain), the Board unanimously recommends a separate disability rating of 10% for each knee, coded 5299-5260 IAW VASRD §4.71a.
AF | PDBR | CY2011 | PD2011-00509
An IPEB dated 7 April 2008 adjudicated “bilateral lower leg pain with CS as unfitting rated 21% (including bilateral factor) with application of the DoDI 1332.39 and VASRD. The left leg examination was normal and without pain. The Board determined therefore that none of the stated conditions were subject to service disability rating.
AF | PDBR | CY2011 | PD2011-00510
All three conditions (characterized as “neck pain,” left shoulder pain,” and “prostrating headaches”) were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. After due deliberation, the Board therefore recommends a service disability rating of 10% for the left shoulder condition. Headache Condition .
AF | PDBR | CY2011 | PD2011-00511
He was placed on limited duty (LIMDU) and underwent a Medical Evaluation Board (MEB). Although the CI reported some radicular symptoms, examination revealed no motor weakness, or other objective evidence of a neurological deficit that would be separately unfitting. In the matter of the PTSD, blurred vision, ankle injury, septal deviaton, abdominal wound, buttock pain, leg burns, tinnitus, or any other conditions eligible for consideration; the Board unanimously agrees that it cannot...
AF | PDBR | CY2011 | PD2011-00512
The Physical evaluation board (PEB) adjudicated the lumbosacral back condition as unfitting, rated 20%, then 10%, and finally 20% with application of the US Army Physical Disability Agency (USAPDA) pain policy by different PEBs. The CI did continue to receive treatment and stated that he had decreased symptoms after the RF ablation. His ROM is improved on the VA C&P examination, which is both more proximate to separation and done after the ablation.
AF | PDBR | CY2011 | PD2011-00513
In TDRL cases, the Board must also adhere to the DES standard that only those conditions which were present and unfitting at the time of temporary retirement may be considered for compensation and rating at the time of permanent separation or retirement. Left Knee Condition. The VA reviewed both of these examinations as well as its own C&P examination and determined an overall 30% rating.