AF | PDBR | CY2011 | PD2011-00613
CI CONTENTION : “The Medical board concentrated on my Left Knee, but neglected to review my back, right knee, shoulders, feet, and head (migraines from airborne). 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. In the matter of the left knee condition, the Board unanimously recommends a service...
AF | PDBR | CY2011 | PD2011-00614
Shoulders (Left and Right) Condition . In the matter of the “pain left elbow, left wrist, shoulders (bilateral), and left knee; (sleep disruption)” condition, the Board unanimously recommends that the left wrist condition and sleep disorder be determined as not unfitting, and that it be rated for multiple separate unfitting conditions as follows: left elbow condition coded 8616, rated 10% IAW VASRD §4.124a and VASRD §4.71a. Right Shoulder (Major) Pain with Recurrent...
AF | PDBR | CY2011 | PD2011-00615
PHYSICAL DISABILITY BOARD OF REVIEW SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was Reserve HM2/E-5 (HN/8404), medically separated for discogenic low back pain (LBP). Other PEB Conditions .
AF | PDBR | CY2011 | PD2011-00616
He was then medically separated with a 10% disability rating. Sensorineural Hearing Loss with Tinnitus Condition . In the matter of the bilateral sensorineural hearing Loss with tinnitus condition and IAW VASRD §4.85 and §4.86, the Board unanimously recommends no change in the PEB adjudication at separation.
AF | PDBR | CY2011 | PD2011-00617
Gastroesophageal reflux disease (GERD) was addressed by the MEB, and forwarded on the DA Form 3947 as “not ratable.” The PEB adjudicated both orthopedic conditions as unfitting; rating the left hand/wrist CRPS condition 20%, citing criteria of the Veterans’ Administration Schedule for Rating Disabilities (VASRD); and, rating the right ankle condition 10%, citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy. The Board’s role is confined to the review of medical...
AF | PDBR | CY2011 | PD2011-00618
The CI was thus medically separated with a 0% service disability rating. Asthma Condition . In the matter of the asthma condition, the Board unanimously recommends a rating of 60% during the prescribed period of TDRL; and, a permanent service disability rating of 10% coded 6602 IAW VASRD §4.97.
AF | PDBR | CY2011 | PD2011-00621
CI CONTENTION : The CI states: “The US Air Force separated me with Severance Pay based on a 10% rating for “Anxiety Disorder." The VA reviewed the same medical records that the Air Force used. The commander’s statement noted that the CI could not perform any of his AFS duties due to mental stress yet his performance review of nearly 2 years did not reference any bizarre behavior and actually exceeded his duty expectations.
AF | PDBR | CY2011 | PD2011-00624
The MEB found his Type 1 diabetes medically unacceptable, and referred him to a Physical Evaluation Board (PEB). A higher rating of 60% would require “insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated.” Since the treatment record does not show sufficient...
AF | PDBR | CY2011 | PD2011-00625
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty member, SSG/E-5 (3P051/Security Forces Journeyman), medically separated from the Air Force after 10 years of service. VA treatment notes through 2008 show the CI continued to use his CPAP machine. Other PEB Conditions .
AF | PDBR | CY2011 | PD2011-00626
VA rated me service-connected for 20% and knee condition 10%.” Right Knee Condition . The Board determined therefore that the right shoulder condition was not subject to service disability rating.
AF | PDBR | CY2011 | PD2011-00627
CI CONTENTION : “Received injuries during Khobar Towers bombing, awarded Purple Heart for combat wounds. Left Knee Condition . I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00628
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (31E10/Corrections Specialist), medically separated for bilateral hip pain . The Army PEB and the VA used different coding options for the bilateral hip condition, and both assigned the same 0% rating percentage. In the matter of the bilateral hip condition, the Board unanimously recommends a service disability rating of 20%, coded 5099-5020 IAW VASRD...
AF | PDBR | CY2011 | PD2011-00629
The CI underwent three complex surgeries to correct the bilateral ankle pathology, however, he continued with pain stiffness and limited motion in both ankles and feet. 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 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 | PD2011-00630
He exhibited no problems with concentration, no evidence of thought disorder and no psychotic ideation during the interview. Although the NARSUM examiner reported the recurring/relapsing nature of the CI’s condition during which significant social and occupational impairment was likely; none were seen during the time leading up to separation or following separation up to the time of the post separation C&P examination. After careful consideration of your application and treatment records,...
AF | PDBR | CY2011 | PD2011-00631
Although there was limitation of motion, the normal gait on multiple examinations was not consistent with a moderate limitation of motion for the minimum rating under this code. It noted that the VASRD states that the intent is that the painful joint is “entitled to at least the minimum compensable rating for the joint.” After due deliberation, considering all of the evidence and mindful of VASRD §4.59 (painful motion) and VASRD §4.3 (reasonable doubt), the Board recommends a disability...
AF | PDBR | CY2011 | PD2011-00632
The PEB adjudicated the exertional heat illness condition as unfitting, rated 0% and referencing the Army table of analogous codes; which are in turn rated under criteria from the Veterans Administration Schedule for Rating Disabilities (VASRD). No other conditions were service connected with a compensable rating by the VA within 12 months of separation or contended by the CI. SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
AF | PDBR | CY2011 | PD2011-00633
Fibromyalgia Condition : The CI had a well documented history of joint pains in the service treatment record (STR) dating back to 1980’s. The Board agreed absentee work notes would have reinforced this rating criteria but after due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a change in the TDRL entry rating decision to 30% and a permanent separation rating of 30% for the migraine headache condition. The Board therefore...
AF | PDBR | CY2011 | PD2011-00635
The PEB adjudicated “osteoarthritis of the left knee” as unfitting, rated 0%, citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy. The rating for the left knee condition, and the PEB’s fitness determination (and potential rating) for the back condition are therefore addressed below. Left Knee Condition .
AF | PDBR | CY2011 | PD2011-00636
Bilateral Foot Condition . Secondly, the congenital pes planus condition itself was not service-aggravated; rather, the painful complications of plantar fasciitis and/or tendinitis were the service-acquired and unfitting conditions (e.g., subject to disability rating). In the matter of the bilateral plantar fasciitis condition, the Board unanimously recommends that each foot be separately adjudicated as follows: an unfitting right plantar fasciitis condition coded 5399-5310 and rated 10%;...
AF | PDBR | CY2011 | PD2011-00637
The Formal PEB (FPEB) adjudicated the non-cardiac chest pain condition as unfitting, rated 10%; additionally, history of trauma to sternum with arthritic changes condition was considered category II, related but not separately unfitting. Cardiac causes for the chest pain were ruled out and although some significant gastroenterological conditions were noted, none contributed to the CI’s chest pain. While the initial and reconsideration PEBs determined the CI was fit for duty, an FPEB...
AF | PDBR | CY2011 | PD2011-00638
The Board determined therefore that neither of the stated conditions was 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. Bipolar Disorder943210% COMBINED10% The following documentary evidence was considered:
AF | PDBR | CY2011 | PD2011-00639
The IPEB adjudicated the headache condition as unfitting, rated 10%, citing criteria of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The rating for the unfitting headache condition is addressed below; but, since they were not requested for review, the syncope and cavernous hemangioma conditions (as a separate entities associated with any disability other than headache) determined to be not unfitting by the PEB are not within the DoDI 6040.44 defined purview of the Board. ...
AF | PDBR | CY2011 | PD2011-00641
Knee Condition(s) . In the matter of the bilateral knee condition, the Board unanimously recommends that each joint be separately adjudicated as an unfitting right knee condition and an unfitting left knee condition; each coded 5099-5010 and each rated 10%, IAW VASRD §4.71a. 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...
AF | PDBR | CY2011 | PD2011-00642
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. Right Knee Condition . After extensive review of the DES record, the Board was unable to find any route to achieve a combined disability rating higher than 10% under any applicable code and no extant pathology which would merit additional rating.
AF | PDBR | CY2011 | PD2011-00643
The CI appealed to a reconsideration PEB which adjudicated “lumbar DDD” condition as unfitting, rated with the disability code of 5243 at 10% IAW with the Veterans Administration Schedule for Rating Disabilities (VASRD) and “lumbar radiculopathy and lumbago” as category II (“conditions that contribute to the unfitting condition”). The CI was then medically separated with a 10% disability rating. The Board therefore has no reasonable basis for recommending any additional unfitting...
AF | PDBR | CY2011 | PD2011-00644
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SFC/E-7 (92G, Food Service Specialist) medically separated for severe bilateral sensorineural hearing loss . The results of his MEB and VA (2 months after separation) audiology evaluations are summarized in the chart below. RECOMMENDATION : The Board recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-00645
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. Right Knee Condition . The MEB exam; however, did record pain with motion.
AF | PDBR | CY2011 | PD2011-00647
However, both rated the condition at 10% disability. The Board also considered the addition of painful scars at 10%, but notes that the disability before and after the surgery was unchanged and that the examiners noted no specific limitation from the scar separate from the underlying plantar fasciitis. Additionally, several other non-acute conditions were noted in the VA proximal to separation, but were not documented in the DES file.
AF | PDBR | CY2011 | PD2011-00649
The PEB adjudicated the lumbar spine condition as unfitting, rated 10%, citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy; the left ankle condition as unfitting, rated 0%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD); the OSA condition as unfitting, rated 0%, citing criteria of Department of Defense Instruction (DoDI) 1332.39; and, the pes planus condition as unfitting, rated 0%, citing criteria of the USAPDA pain...
AF | PDBR | CY2011 | PD2011-00652
In September 2005 the CI was evaluated for a 2 month complaint of posterior left thigh pain, a limping gait on the left and positive straight leg raise (SLR); however, the motor and sensory examinations were normal. The CI was seen for radicular pain radiating from the low back into the left leg in November 2005; however, the motor and sensory exams were again normal. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120...
AF | PDBR | CY2011 | PD2011-00654
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (15S, Helicopter Repair) medically separated for bilateral foot conditions. Separate 0% ratings could be warranted based on the VA findings and symptoms for each individual foot; but, separate codes and separately compensable ratings were considered by the Board. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00655
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PVT/E-1 (9900, Basic Marine), medically separated for subtalar dislocation. The TDRL examiner noted that the CI had little limitation in physical activities although there was soreness in the foot afterwards. In the matter of the right ankle, the Board recommends no change in the PEB adjudication at TDRL entry or exit.
AF | PDBR | CY2011 | PD2011-00657
The PEB adjudicated the left knee condition as unfitting, rated 20%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD). ** Conceding §4.59 under joint code (as below) or ‘mild’ instability. Other PEB Conditions .
AF | PDBR | CY2011 | PD2011-00658
At the time of the VA psychiatric C&P evaluation, 3 months after separation, the CI was not under mental health treatment or taking medication. As regards the permanent rating recommendation, all members agreed that the lack of evidence for any impaired occupational functioning would no longer support a 50% rating which requires “occupational and social impairment with reduced reliability and productivity.” The deliberation settled on arguments for a permanent rating recommendation of 30%...
AF | PDBR | CY2011 | PD2011-00660
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 VA Compensation and Pension (C&P) exam (nine months after separation), the physician noted intermittent symptoms of pain and edema in the LLE; although, DVT symptoms were not active at that time. In the matter of the hypercoaguability condition, the...
AF | PDBR | CY2011 | PD2011-00661
The lumbar spine condition characterized as “chronic low back pain with radiculopathy status-post discectomy for a herniated L5-S1 intervertebral disc” was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. No other conditions were submitted by the MEB; but, other conditions evidenced in the Disability Evaluation System (DES) file are addressed below. The Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES...
AF | PDBR | CY2011 | PD2011-00663
Although the pulmonary scans and pulmonary hypertension were improving, the CI had continued shortness of breath and had a diagnosis of chronic thromboembolic disease. The Physical Evaluation Board (PEB) adjudicated primary hypercoagulable state, on lifelong anticoagulation condition as unfitting (with contributing category II chronic thromboembolic disease and venous stasis) and the CI was rated at 40% and placed on the Temporary Disability Retired List (TDRL). Exhibit C. Department of...
AF | PDBR | CY2011 | PD2011-00664
The PEB adjudicated the idiopathic monocular exercise-induced vision/visual field loss condition as unfitting, rated 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). In July 2007, the CI noted transient inferior visual field loss during exertion and sometimes complete loss of vision in his right eye, much more than the left eye. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00666
Left Shoulder Condition . ROM exams by both the service and VA show non-compensable limitation of motion, but ample evidence of degenerative change and painful motion to justify a minimal compensable rating under code 5003. Right Shoulder Condition .
AF | PDBR | CY2011 | PD2011-00667
The PEB adjudicated the chronic bilateral knee pain condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Bilateral Knee Condition . In the matter of the bilateral knee condition, the Board unanimously recommends that it be rated for two separate unfitting conditions as follows: left knee coded 5259 and rated 10%; and, right knee coded 5259 and rated 10%; both IAW VASRD §4.71a.
AF | PDBR | CY2011 | PD2011-00668
The MEB forwarded “chronic left groin pain” on AF Form 356 to the Physical Evaluation Board (PEB) as medically unacceptable IAW AFI 48-123. Left Groin Condition . RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-00669
The FPEB’s AF Form 356 stated that the CI’s “thoracolumbar range of motion over the past several months has varied from 50% of normal to full within the last year.” The VA rating decision states that its determination was based on “evidence of additional limited joint function on repetition due to pain and fatigue, but not weakness; lack of endurance; or incoordination” (DeLuca language); and, the resulting 30⁰ of flexion is the threshold between 20% and 40% ratings under the VASRD general...
AF | PDBR | CY2011 | PD2011-00670
I has also have PTSD, Pineal cyst, Sleep apnea, and plantar fasciitis which was rated for by the VA.” He elaborates no specific contentions regarding rating or coding and mentions no additionally contended conditions. After due deliberation in consideration of the totality of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication of the migraine headache condition; or, to recommend a service rating linked to the pineal cyst...
AF | PDBR | CY2011 | PD2011-00671
The Board noted that the CI was not using CPAP at the time of the separation. 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. The diagnosis in his finding of unfitness for Obstructive Sleep Apnea, VASRD code...
AF | PDBR | CY2011 | PD2011-00672
The conditions spinal stenosis, sacroiliac weakness and injury, spinal fixation, intervertebral disc syndrome, as requested for consideration meet the criteria prescribed in DoDI 6040.44 for Board purview; and, are addressed below, in addition to a review of the ratings for the unfitting back pain condition. The examiner concluded “No pathology is identified on physical examination to render a diagnosis.” The VA assigned a 10% rating coded 5243 intervertebral disc disease based on based on...
AF | PDBR | CY2011 | PD2011-00673
The PEB adjudicated the lumbar DDD condition as unfitting, rated 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00674
The PEB adjudicated the multiple keloid scarring condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD), and possibly the US Army Physical Disability Agency (USAPDA) pain policy. 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 shoulder, 10% for the right ankle, 10% for the left ankle and 10% for the abdominal area...
AF | PDBR | CY2011 | PD2011-00678
The MEB forwarded “chronic left ankle pain and left ankle moderate Osteoarthritis” on NAVMED 6100/1 to the Physical Evaluation Board (PEB). Left Ankle Moderate Osteoarthritis Condition . 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 | PD2011-00680
PHYSICAL DISABILITY BOARD OF REVIEW The Board unanimously recommends a rating of 20% for the LBP condition. Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00682
The PEB and VA rated the left hip condition 10% based on the evidence of the service treatment record (STR) and orthopedic NARSUM examination. In consideration of this evidence, and IAW DoDI 6040.44, the Board must recommend a separation rating of 50% for the OSA condition. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of...