AF | PDBR | CY2011 | PD2011-00684
The PEB adjudicated the multidirectional instability right shoulder condition as unfitting, rated 20% IAW the Veterans Administration Schedule for Rating Disabilities (VASRD). Right Shoulder Condition . Board members agreed that the 20% rating assigned by the PEB was well-supported by the evidence, and that there was no justification for a higher rating under the 5202 code.
AF | PDBR | CY2011 | PD2011-00687
PHYSICAL DISABILITY BOARD OF REVIEW S/P Fusion L4-5 and L5-S1 for HNP Condition . 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 L2 vertebral fracture healed condition; and, therefore, no additional disability ratings can be recommended.
AF | PDBR | CY2011 | PD2011-00690
I also had several other medical conditions at the time of being boarded out of the Army. The VA coded 5295 lumbosacral strain analogous to 5292 spine, limitation of motion of, lumbar initially rated at 0% based on the full and pain-free ROM noted on the February 2003 C&P examination. 5292 Spine, limitation of motion of, lumbar:
AF | PDBR | CY2011 | PD2011-00692
The CI’s enlistment exam, performed 26 months prior to separation, reported one-level cervical fusion (C2-3), with “no sequelae.” ROMs were painless, and were full in all directions except rotation, with a combined ROM of 300⁰ (normal 340⁰). All evidence considered, there is not reasonable doubt in the CI’s favor supporting addition of any upper extremity radiculopathy (peripheral nerve) as an unfitting condition for separation rating. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00696
No further VA C&P examinations were completed on the left wrist. Right Knee Condition . No further VA C&P examinations were completed on the left knee.
AF | PDBR | CY2011 | PD2011-00697
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20090312 NAME: XXXXXXXXXXXXXXX CASE NUMBER: PD1100697 BOARD DATE: 20130124 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was a troop unit active drilling National Guard CPT/O-3 (15A00/Chinook Pilot), medically separated for degenerative arthritis lumbar spine and left lower extremity S1 radicular pain. The PEB and the VA...
AF | PDBR | CY2011 | PD2011-00699
The PEB adjudicated the chronic right shoulder pain and bilateral tibial stress fractures conditions as a single unfitting pain condition, rated 20%; with specified application of the US Army Physical Disability Agency (USAPDA) pain policy. In the matter of the chronic right shoulder pain and bilateral tibial stress fractures condition, the Board unanimously recommends that it be rated for two separate unfitting conditions as follows: the right shoulder coded 5099-5201 and rated 20%; and,...
AF | PDBR | CY2011 | PD2011-00700
Right Foot Condition . Left Foot/Ankle Condition . The MEB physical examination noted pain with motion, but not tenderness of the foot and ankle.
AF | PDBR | CY2011 | PD2011-00701
ConditionCodeRatingConditionCodeRatingExam Coccydynia5099-50030%Chronic Coccydynia (Claimed as Fractured Coccyx, Chronic Low Back Pain, Radiculopathy and Numbness and Tingling of Toes)5299-529810%20020719↓No Additional MEB/PEB Entries↓Limited Motion, Lumbar Spine20%*VATR0% x 2/Not Service-Connected x 120020719 Combined: 0%Combined: 10% *Lumbar spine rating granted by VA Rating Decision 20050422 effective 20020816 based on VA treatment record evidence after the VA examination of 20020719. At...
AF | PDBR | CY2011 | PD2011-00704
The PEB adjudicated the chronic left arm and neck pain as unfitting, rated 40%, with application of the Veterans Administration Schedule for Rating Disability (VASRD) and placed the CI on the Temporary Disability Retired List (TDRL). The TDRL evaluation orthopedic NARSUM summarizes the clinical history that included a diagnosis of regional pain syndrome of the left upper extremity. The Board noted the PEB rated the unfitting left shoulder pain condition IAW with the USPDA pain policy, and...
AF | PDBR | CY2011 | PD2011-00705
The PEB adjudicated the bilateral ankle condition as unfitting, rated 10% and 0% (pre-existing condition) respectively; IAW SECNAVINST 1850.4E and the Veterans Administration Schedule for Rating Disabilities (VASRD). Therefore, based on all evidence and associated conclusions just elaborated, the Board is assigning preponderant probative value to the MEB evaluation which demonstrated no loss of ROM on the left, limitation of dorsiflexion on the right, persistent subjective mild pain on the...
AF | PDBR | CY2011 | PD2011-00706
The PEB adjudicated the polyarthralgia condition with chronic knee, ankle, shoulder and hand pain as unfitting rated 10%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. The rheumatology evaluations never recorded any complaint of shoulder pain, and joint examinations by the rheumatologist were normal. ROM examinations at the time of MEB and the VA C&P examination proximate to the time of separation support the 10% rating adjudicated by the PEB.
AF | PDBR | CY2011 | PD2011-00707
The PEB and VA chose the same coding options for the condition, and based their rating recommendations on the 2002 VASRD coding and rating standards for the spine which were in effect at the time of CI’s separation. The PEB assigned a 10% rating coded 5293 (IDS) for mild pain with no objective painful motion. The challenge before the Board was to carefully review the C&P exam and the service treatment record (STR) for evidence of a disability meeting 40% rating criteria under the old spine...
AF | PDBR | CY2011 | PD2011-00709
The thoracolumbar spine condition was forwarded to the Physical Evaluation Board (PEB) as separate diagnoses for thoracic disc and lumbar disc disease, each judged to be medically unacceptable IAW AR 40-501. CI CONTENTION : “I was medically separated from active duty in the US Army for spinal condition, ‘Degenerative Changes and Disc Disease of the Thoracic and Lumbar Spine with Lumbar Dextroscoliosis’ which causes constant back pain which is constantly at a 7 out of 10 on pain. ...
AF | PDBR | CY2011 | PD2011-00710
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic axial neck pain, following cervical discectomy condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Although the ROM in the C&P examination supported a 20% rating under the general rating formula for diseases and injuries of the spine, the VA rated the neck condition (5241 spinal fusion) at 30% citing the...
AF | PDBR | CY2011 | PD2011-00711
In the matter of the tinnitus condition, the Board unanimously recommends that it be added as an additionally unfitting condition for separation rating, coded 6260 and rated 10% IAW VASRD §4.87. I concur with that finding, accept their recommendation and direct that your records be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force. The pertinent military records of the Department of the Air Force relating XXXXXXXXXX, be corrected to...
AF | PDBR | CY2011 | PD2011-00712
The Service ratings for unfitting conditions will be reviewed in all cases. Low Back Pain Condition . The VA rating decision mentioned their 20% rating was “non-schedular”, however, “guarding severe enough to result in an abnormal gait” is a 20% rating criteria.
AF | PDBR | CY2011 | PD2011-00713
The CI’s entrance physical exam noted a normal spine exam, and no history of recurrent back pain. All evidence considered, there is not reasonable doubt in the CI’s favor supporting addition of any lower extremity radiculopathy as an unfitting condition for separation rating. The MEB physical exam had a normal exam for #33, upper extremities.
AF | PDBR | CY2011 | PD2011-00714
The Physical Evaluation Board (PEB) adjudicated the right anterior ankle impingement condition as unfitting, rated 20% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Right Anterior Ankle Condition. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING 5262 COMBINED 20% 20% Right Anterior Ankle Impingement The following...
AF | PDBR | CY2011 | PD2011-00716
(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. At the VA Compensation and Pension (C&P) exam, performed 5 months after separation, the CI reported pain in the left knee on an intermittent basis without loss of motion, and confirmed that...
AF | PDBR | CY2011 | PD2011-00717
ConditionCodeRatingConditionCodeRatingExam Chronic Mechanical Low Back Pain, Due To L5-S1 Spondylolisthesis …5299-529510%Chronic Low Back Pain529210%20021125Sciatica, Left Lower Extremity852020%20021125↓No Additional MEB/PEB Entries↓Not Service Connected x 320030206 Combined: 10%Combined: 30%* * VA rating based on exam most proximate to date of permanent separation and includes Board of Veterans Appeals determination and later VA correction of effective date. The MEB forwarded condition was...
AF | PDBR | CY2011 | PD2011-00718
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.” Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future...
AF | PDBR | CY2011 | PD2011-00720
The PEB adjudicated the bilateral foot pain condition as unfitting, rated 20% (combined 10% left and 10% right) with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Bilateral Foot Pain Condition . The VA coded the feet condition as flat feet and synovitis (5276-5020) rating each foot at 10%.
AF | PDBR | CY2011 | PD2011-00721
The PEB adjudicated the asthma condition as unfitting, rated 30%; with application of Veterans Administration Schedule for Rating Disabilities (VASRD) and the CI was placed on Temporary Disability Retired List (TDRL) at 30%. Although originally prescribed a daily use inhaled maintenance/preventive medication, the CI elected to discontinue the medication and at final separation there was no indication that a daily-use inhalation preventive medication was used or prescribed. The NARSUM...
AF | PDBR | CY2011 | PD2011-00722
The CI was placed on the TDRL with a rating of 20%. The CI was placed on the TDRL with a rating of 10%. Upon re-evaluation on 23 October 2003, the PEB rated the CI for the unfitting Fibromyalgia condition with a permanent separation rating of 10%.
AF | PDBR | CY2011 | PD2011-00724
The Board considered the PEB’s rating under the 5295 code of the 2002 VASRD. The 20% rating for “moderate, recurring attacks” could not be justified under 5293 based on findings of the MEB exam, the VA exam after separation, nor the CI’s pre-separation treatment records. Finally, the Board considered the 5292 code for limitation of spine motion.
AF | PDBR | CY2011 | PD2011-00726
CI CONTENTION : The CI states: “MEB and PEB only looked at Patellofemoral Syndrome for 1 knee. The MEB narrative summary (NARSUM) examination completed in April 2005 noted a long history of bilateral patellofemoral syndrome that had not resolved with bilateral physical therapy, bilateral Synvisc injections, limited duty for bilateral knees, and right knee surgical lateral release and synovitis debridement. The VA C&P examination did measure the ROM of the left knee and it was normal.
AF | PDBR | CY2011 | PD2011-00729
The PEB adjudicated the lumbar strain condition as unfitting, rated 0% with likely application application of the U.S. Army Physical Disability Agency (USPDA) pain policy. Other PEB Conditions . The left hip ROMs were mildly reduced, without evidence of pain, and thus non-compensable during the VA exam.
AF | PDBR | CY2011 | PD2011-00731
The PEB adjudicated the fibromyalgia condition as unfitting, rated 20% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Other PEB Conditions . I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00732
There was also swelling of the ankles noted. The Board noted that the VA subsequently rated the joints individually on the 23 November 2011 decision, over 4 years after separation and considered whether there were chronic residuals at the time of separation warranting rating separate from the arthritis condition. The Board considered the final rheumatologic examination, three months prior to separation, which documented excellent control of her RA with “no signs of active synovitis”, and...
AF | PDBR | CY2011 | PD2011-00733
The PEB adjudicated the chronic right ankle pain condition as unfitting, rated 10%; with application of the US Army Physical Disability Agency (USAPDA) pain policy. Right Ankle 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 | PD2011-00734
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. While the DES considers all of the service member's medical conditions, compensation can only be offered for those medical conditions that cut short a service member’s career, and then only to the degree of severity present at the time of final disposition....
AF | PDBR | CY2011 | PD2011-00735
He was placed on limited duty (LIMDU) and underwent a Medical Evaluation Board (MEB). However, the Board must base its recommendations on the condition of the CI at the time of separation from military service. Right Knee Condition .
AF | PDBR | CY2011 | PD2011-00737
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (67U20/CH-47 Helicopter Repairman) medically separated for a right knee condition. Right Knee Condition . In the matter of the right knee condition, the Board unanimously recommends a dual coding disability rating for a combined rating of 30%, IAW VASRD §4.71a.
AF | PDBR | CY2011 | PD2011-00739
“I cannot | | | |dislocate him, but | | | |he can sublux his | | | |shoulder | | | |posteriorly.” | | |§4.71a Rating |10%-20% (PEB 0%) |10%-20% (VA 10%) | The CI suffered left shoulder pain after a fall during combat training with radiographic evidence of posterior dislocation of that shoulder. The Board determined therefore that the back condition was not subject to service disability rating. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment...
AF | PDBR | CY2011 | PD2011-00743
The CI did not appeal, and was medically separated with a 10% disability rating. Back Pain Condition . All evidence considered, there is not reasonable doubt in the CI’s favor supporting addition of any lower extremity radiculopathy as an unfitting condition for separation rating.
AF | PDBR | CY2011 | PD2011-00744
RATING COMPARISON: Service IPEB – Dated 20080317 Condition Code Rating Cognitive Disorder s/p Closed Head Injury; Associated with PTSD, Depressive Disorder Migraine Headaches 8045‐9304 10% Not Unfitting VA (2 Mo. The Board noted that PEBs often combine multiple conditions under a single rating when those conditions considered individually are not separately unfitting and would not cause the member to be referred into the DES or be found unfit because of physical disability. Although the...
AF | PDBR | CY2011 | PD2011-00745
The CI was then medically separated with a 10% disability rating. Pain Left Foot Condition . All evidence considered, there is not a preponderance of the evidence in the CI’s favor supporting addition of the left ankle condition as an unfitting condition for separation rating.
AF | PDBR | CY2011 | PD2011-00746
The VA exam and MEB exam were both equally detailed and comprehensive, and the VA exam was closer to (but after) the CI’s date of separation. The Board unanimously agrees that there were no other conditions eligible for Board consideration which could be recommended as unfitting for additional service disability rating. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-00749
CI CONTENTION: “I had two major surgeries at one time before I was released from active duty that was no included in my med board evaluation. Chronic Right Wrist Pain due to Malunion of Right Wrist Fracture. The CI was noted to be left‐handed.
AF | PDBR | CY2011 | PD2011-00750
The CI was medically separated with a 0% disability rating. The CI failed to report for his VA exam on 20040729 and based upon service treatment record, the VA determined migraine headaches had existed prior to service and was not aggravated by service. In February 2004, the PEB determined that “chronic daily migraine headaches requiring dark room and quiet, one to two times a week but “not affecting daily activities” was not considered prostrating and a 0% rating was applied.
AF | PDBR | CY2011 | PD2011-00752
The MEB forwarded “mechanical upper and lower back pain associated with normal x-rays and anxiety disorder” on the AF Form 618 to the Physical Evaluation Board (PEB) as medically unacceptable IAW AFI 48-123. The PEB adjudicated “mechanical upper and lower back pain associated with anxiety disorder” as unfitting, rated 10%, with application of the Veterans’ Administration Schedule for Rating Disabilities (VASRD). The CI was thus medically separated with a 10% disability rating.
AF | PDBR | CY2011 | PD2011-00753
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. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication for the left ankle condition and that there was...
AF | PDBR | CY2011 | PD2011-00754
The PEB adjudicated the left ankle condition as unfitting, rated 20%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD). Left Ankle Condition . Both the VA and the PEB rated under code 5271 (ankle, limitation of motion).
AF | PDBR | CY2011 | PD2011-00755
PHYSICAL DISABILITY BOARD OF REVIEW Right Foot Condition. Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00756
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty Corporal/E-4 (3796/Food Service Specialist), medically separated for lumbago. At the time of the VA C&P examination, 3 months after separation, no complaint of neck pain was documented. 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...
AF | PDBR | CY2011 | PD2011-00758
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the time of separation. The VA reduced the rating for this condition to 0% effective 9 October 2009, 4 years after separation. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00760
It is noted for the record that the Board recognizes the significant interval (four years) between the date of separation and the Department of Veterans’ Affairs (DVA) evaluation. Other PEB Condition . In the matter of S/P ACL reconstruction of the left knee, the Board unanimously agrees that it cannot recommend a separate finding of unfit for additional rating at separation, as it was included in the S/P left knee ACL tear with lateral meniscal tear condition for rating.
AF | PDBR | CY2011 | PD2011-00761
The VA separately coded and rated the cervical and thoracolumbar spine conditions at 20% each based on the VA exam which indicated much decreased ROMs of the spine. The MEB and PEB coded the CI’s chest pain as due to the CI’s spine condition. ); and an unfitting chest pain condition, coded 5399-5321 and rated 10% (IAW VASRD §4.73).
AF | PDBR | CY2011 | PD2011-00762
Other PEB Conditions. Other Conditions. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment Record President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 1.