AF | PDBR | CY2011 | PD2011-00765
Back Condition . Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either on the total duration of incapacitating episodes over the past 12 months or by combining under Sec. Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher...
AF | PDBR | CY2011 | PD2011-00766
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXX BRANCH OF SERVICE: air force CASE NUMBER: PD1100766 SEPARATION DATE: 20050509 BOARD DATE: 20120308 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty Staff Sergeant/E-5 (3M071 / Services Craftsman), medically separated for asthma. Asthma Condition. In the matter of the asthma condition, the Board unanimously recommends a permanent service...
AF | PDBR | CY2011 | PD2011-00767
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 mental health clinic termination summary, dated 26 May 2009, stated that the CI continued treatment with the military mental health providers until he had completed the psychiatry interview for the MEB in December 2008, and then discontinued treatment,...
AF | PDBR | CY2011 | PD2011-00768
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: BRANCH OF SERVICE: Army CASE NUMBER: PD1100768 SEPARATION DATE: 20041010 BOARD DATE: 20120209 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (92G, Food Service Specialist), medically separated for obstructive sleep apnea (OSA). In the matter of the obsutructive sleep apnea condition, the Board unanimously recommend a permanent service...
AF | PDBR | CY2011 | PD2011-00769
The PEB adjudicated the arthritis, degenerative, both knees condition as unfitting, rated 10% for each knee for a combined rating of 20%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). 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, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2011 | PD2011-00771
The PEB adjudicated “left (non-dominant) shoulder pain with multidirectional instability” condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Left Shoulder with Multidirectional Instability Condition . In October and December 2002 the CI was noted by orthopedics to have left shoulder posterior instability with pain.
AF | PDBR | CY2011 | PD2011-00772
On 8 May 2006, PEB adjudicated the lumbar condition as unfitting, rated 20%, with probable application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). 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. Records and exams clearly indicated that proximate to separation, the CI’s lower back...
AF | PDBR | CY2011 | PD2011-00773
The VA rated the CI at 30% and specified “when taken as a whole, the evidence (particularly the records in the service medical records which show frequent exacerbations of this condition) that this condition is best classified as moderately severe.” The VA combined the CI’s GI symptoms of Crohn’s disease with Crohn’s related fistula-in-ano, GERD, and corrected anemia IAW §4.114 Schedule of Ratings—Digestive System. The Board directs its attention to its rating recommendations based on the...
AF | PDBR | CY2011 | PD2011-00774
The PEB adjudicated the chronic left lung condition as unfitting, rated 10%, five years after being placed on TDRL, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The exams documented improving weight, negative serology titers for coccidiomycosis yet continued symptoms of dyspnea on exertion (DOE), chest pain and headaches. At the final TDRL MEB exam, the CI reported no improvement.
AF | PDBR | CY2011 | PD2011-00775
“All measurements were reproducible except for forward flexion.” Painful motion; normal gait and posture; no spasm or tenderness; normal sensory and motor exams; “While supine on the exam table, the Soldier could flex at the waist to 90 degrees with his legs fully extended”* see textNo objective evidence of lumbar spasm and or neurological deficit; No evidence of episodes of incapacitation§4.71a Rating10%-20% (PEB 10%)10%All exams documented painful motion which IAW VASRD §4.59 (painful...
AF | PDBR | CY2011 | PD2011-00776
The PEB adjudicated the chronic pain, right knee without significant instability condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy and Veterans Administration Schedule for Rating Disabilities (VASRD). 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...
AF | PDBR | CY2011 | PD2011-00777
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty Petty Officer First Class (E01) / E-6 (5713/Equipment Operator), medically separated for multilevel degenerative disk disease (DDD) of the lumbosacral spine with chronic persisting low back pain (LBP). The PEB adjudicated multilevel DDD of the lumbosacral spine condition as unfitting, rated 20% with application of the Veteran’s Affairs Schedule for Rating...
AF | PDBR | CY2011 | PD2011-00778
Compression fractures (15% of L1 vertebral body compressed), anterior corner fracture of L4, compression deformities of T9-T11 and L1), degenerative changes of LS spine, straightened lordosis, and scoliosis documented on x-ray 20030227.§4.71a Rating2002 VASRD 529320% for moderate, recurring attacks (PEB)20% for moderate, recurring attacks2002 VASRD 529210% for slight10% for slight (VA assigned 40% for severe)2002 VASRD 8520Not applicable with 5293; 10% with 52922002 VASRD 528510% additional...
AF | PDBR | CY2011 | PD2011-00779
The PEB adjudicated the neuropathic pain right inguinal region condition as unfitting, rated 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The VA determined a disability rating for 7338-8630 hernia repair with neuropathy lower abdomen at 10% based on paralysis of the ilioinguinal nerve, noting this is the highest possible rating for injury to this nerve. After due deliberation in consideration of the preponderance of the evidence, the Board...
AF | PDBR | CY2011 | PD2011-00780
The PEB adjudicated the multi-directional instability of left (minor) shoulder as unfitting, rated 20% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Although medical records later record there was a dislocation, medical records at the time of injury do not record a dislocation and a 19 September 2003 physical therapy appointment recorded that there was no history of dislocation. The CI reported left ankle pain since a sprain in 2002.
AF | PDBR | CY2011 | PD2011-00781
SCOPE OF REVIEW : The Board’s scope of review, as defined in DoDI 6040.44, is limited to those conditions which were determined by the PEB to be unfitting for continued military service; or, when requested by the CI, those condition(s) identified but not determined to be unfitting by the PEB. Right Knee Condition . At that exam, the right knee ROM failed to reach compensable levels for the VASRD codes specific to leg flexion and extension (5260 and 5261).
AF | PDBR | CY2011 | PD2011-00783
The PEB and VA both rated the diabetes condition under VASRD code 7913, diabetes mellitus, but at different ratings. There was no evidence in the service treatment records that indicated medical restriction of normal activities including athletic was required. The PEB and VA both rated the condition 0% code 6200, chronic right mastoiditis.
AF | PDBR | CY2011 | PD2011-00784
The VA Compensation and Pension (C&P) exam, 4 months after separation (performed 23 December 2003), indicated “mild asthma requiring Albuterol inhaler PRN” and the only asthma medication the CI was taking was albuterol at a frequency of, “Albuterol inhaler two puffs three times per week when her asthma bothers her. From this evidence and the evidence documented in the CI’s records made available to the Board, the Board majority concluded that the preponderance of evidence suggest the CI did...
AF | PDBR | CY2011 | PD2011-00785
The Physical Evaluation Board (PEB) adjudicated the low back and left hip conditions as unfitting, rated 10% and 10%, respectively, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy as the PEB cited “regulatory guidance contained in AR 635-40, paragraph B-24f, restricts the maximum rating for pain-regardless of how many separate anatomical sites to 20%.” The remaining conditions were determined to be not unfitting and were not rated. The left hip...
AF | PDBR | CY2011 | PD2011-00786
The Physical Evaluation Board (PEB) adjudicated the chronic left shoulder pain and left elbow cubital tunnel syndrome with chronic left elbow pain conditions as unfitting, rated 10% and 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Shoulder Condition . Although the ROM measurements on the VA C&P examination would support a combined 40% disability rating with 20% each for limitation of flexion and extension of the elbow, no limitation of...
AF | PDBR | CY2011 | PD2011-00787
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of service fitness decisions and rating determinations for disability at the time of separation. Right Knee Condition . In the matter of the jointly rated right shoulder and right knee conditions, the Board unanimously recommends that they be rated for two separate unfitting conditions as follows: a right shoulder condition coded 5099-5024 and...
AF | PDBR | CY2011 | PD2011-00788
The PEB adjudicated the chronic right groin and scrotal pain condition as unfitting, rated 10% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. The other conditions forwarded by the MEB and adjudicated as not unfitting by the PEB were panic disorder with agoraphobia and low back pain (LBP). In the matter of the chronic right groin and scrotal pain and IAW VASRD §4.115b, the Board unanimously recommends no change in the PEB rating of 10% but a change...
AF | PDBR | CY2011 | PD2011-00790
Left Thigh Muscle Condition . All members agreed that the thigh muscle injury and open comminuted fracture of the femur with IM rod and nails was an integral part of the CI’s injury and disability that rendered the CI incapable of continued service within his MOS; and, accordingly merits a separate service rating. Painful Thigh Scars Condition .
AF | PDBR | CY2011 | PD2011-00791
I also have tried re-enlisting back into the service, which I am being told that I am unable to do that due to my back injury and pain. The VA determined the condition was EPTS and was not permanently aggravated by service and therefore did not service-connect this condition. Exhibit C. Department of Veterans’ Affairs Treatment Record
AF | PDBR | CY2011 | PD2011-00792
The Board finally makes note that the rating decision for PTSD, which was not in the DES file, nor was considered in the original VA rating decision, was derived from VA evaluations performed more than 12 months after separation, and was rated effective 29 months after separation. 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. RECOMMENDATION : The Board, therefore, recommends that there be...
AF | PDBR | CY2011 | PD2011-00793
“Chronic low back pain (LBP) due to lumbar spondylosis and spinal stenosis” was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. Flex (0-90)60⁰90⁰COMBINED (240)240⁰240⁰CommentSlight tenderness bilateral lumbar areaNormal gait and posture, no painful ROM, no muscle spasm§4.71a Rating20%0%*At the MEB exam the CI reported “I have a bad back” and medicated with Motrin or Naprosyn for pain. RECOMMENDATION : The Board, therefore, recommends that there be...
AF | PDBR | CY2011 | PD2011-00794
June 2004 x-rays revealed bilateral spondylosis of the L5 spine; however, a November 2004 bone scan did not detect any anomalies of the lumbar spine; orthopedic services opined that surgery was not indicated. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a separation rating of 10% for the chronic LBP condition coded 5237 without the addition of radiculopathy. No other conditions were service-connected with a...
AF | PDBR | CY2011 | PD2011-00796
The Physical Evaluation Board (PEB) adjudicated the chronic neck pain and chronic lumbar pain as unfitting, rated 10% and 0% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and the US Army Physical Disability Agency (USAPDA) pain policy. The headaches, breast mass, sinusitis, cystic acne and left upper extremity radiculopathy conditions requested for consideration and the unfitting neck and low back conditions meet the criteria prescribed in...
AF | PDBR | CY2011 | PD2011-00798
The Physical Evaluation Board (PEB) adjudicated the recurrent nephrolithiasis and temporomandibular joint disorder conditions as unfitting, rated 20% and 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and SECNAVINST 1850.4E. After a VA dental rating examination was completed in January 2004, the rating was increased to 10% effective 30 September 2003 based on the maximal inter-incisal range of 36mm documented on that examination. Service Treatment Record
AF | PDBR | CY2011 | PD2011-00799
The VA chose to rate the chronic residual of the second right toe, plantar fasciitis, and hallux valgus with degenerative changes at 10% citing rating criteria for both the gout code 5017 “right foot disorder meets the criteria for a 10 percent evaluation for pain with palpation and x-ray evidence of arthritis in a major joint” and for the active arthritis code 5002 “minor exacerbations 6 times per year on medication to include indocin, colchicine and allopurinol which help, limitations...
AF | PDBR | CY2011 | PD2011-00800
The PEB adjudicated the cervical spondylosis with neck pain and chronic mild left arm conditions as unfitting, rated at 20% for mild, incomplete paralysis. Magnetic Resonance Imaging (MRI) was performed in 2002 and although the radiologist’s report is not present in the record, both the original MEB NARSUM in May 2002 and the updated MEB NARSUM in December 2002 noted this test documented diffuse spondylitic changes from C3-4 to C6-7, severe spinal stenosis at C5-6, moderate spinal stenosis...
AF | PDBR | CY2011 | PD2011-00801
PHYSICAL DISABILITY BOARD OF REVIEW SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in DoDI 6040.44 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.” Since none of the conditions determined to be unfitting by the PEB are requested for review, only the rated cervical spine...
AF | PDBR | CY2011 | PD2011-00803
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (0311 / rifleman), medically separated for a left knee condition. The PEB adjudicated the left knee with limited range-of-motion (ROM) condition as unfitting rated 10%; additionally grade II chondromalacia condition rated category II; and hypertension condition rated category III with application of SECNAVINST 1850.4E and Veterans Administration...
AF | PDBR | CY2011 | PD2011-00805
The PEB adjudicated the right upper extremity weakness and pain condition as unfitting, rated 20% with application of DoDI 1332.39 and Veterans Administration Schedule for Rating Disabilities (VASRD). Strength was normal in both upper extremities, and was symmetric bilaterally. Board members agreed that the evidence clearly supported the VA’s approach to rating the condition and that the preponderance of evidence indicated that the radiating pain symptoms did not warrant a separate...
AF | PDBR | CY2011 | PD2011-00807
The MEB forwarded TBI and “mood and cognitive disorder” to the Physical Evaluation Board (PEB) as separate conditions, each medically unacceptable IAW AR 40-501. 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...
AF | PDBR | CY2011 | PD2011-00808
(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 condition of major depressive disorder 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...
AF | PDBR | CY2011 | PD2011-00809
The PEB adjudicated the LBP condition as unfitting, rated 20% and additionally occasional bilateral lower extremity numbness, multilevel lumbar spondyloarthropathy, and right lower extremity radiating pain conditions rated category II, with application of SECNAVINST 1850.4E and the Veterans Administration Schedule for Rating Disabilities (VASRD). The CI appealed to a Formal PEB (FPEB) which met on 8 February 2005 and after hearing formal testimony from the CI, reviewing the PEB case file...
AF | PDBR | CY2011 | PD2011-00810
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: BRANCH OF SERVICE: navy CASE NUMBER: PD1100810 SEPARATION DATE: 20061201 BOARD DATE: 20120511 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty CTT2/E-5 (1733, Electronic Warfare Systems Technician), medically separated for a right ankle condition (osteochondral defect, right talar dome). Right Ankle Condition. CI elected not to have surgery...
AF | PDBR | CY2011 | PD2011-00811
“Chronic low back pain with left leg radiculopathy s/p L4-5 diskectomy” was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. The PEB adjudicated the chronic back pain condition as unfitting, rated 10% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. 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...
AF | PDBR | CY2011 | PD2011-00813
Psychiatric Condition . 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: Providing a correction to the individual’s separation document showing that the individual was separated by reason of temporary disability effective the date of the original medical separation for disability with severance pay.
AF | PDBR | CY2011 | PD2011-00814
On physical examination, decreased ROM of the spine was recorded as noted above. Upon deliberation the Board agreed in this case the clinical findings on the C&P examination of normal gait and station, and absence of paraspinous muscle spasm, all occurring with back pain reported so severe that only one iteration of ROM evaluation could be performed, were inconsistent with the degree of disability suggested by the ROM measurement. After review of the total clinical picture, the Board...
AF | PDBR | CY2011 | PD2011-00815
The CI was separated without surgery having been performed on the left leg. In the matter of the medial tibial stress syndrome, bilateral legs, the Board by a vote of 2:1 recommends a combined rating of 10%, coded 5022-5003 IAW VASRD §4.71a. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2011 | PD2011-00817
The CI was on four medications. Although at the time of the NARSUM (4 months prior to separation), a case could be made for a 50% rating for continuous occupational and social impairment with reduced reliability and productivity, the record indicated some improvement in functioning proximate to separation and partial remission by the VA C&P after separation exam. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows and that the discharge with...
AF | PDBR | CY2011 | PD2011-00819
ConditionCodeRatingConditionCodeRatingExam Pain Upper and Lower Back as Well as Both Knees with Negative Imaging Studies5099 50030%Mechanical Low Back Pain52950%20020610Retropatellar Pain Syndrome, Right Knee5099-50190%20020610Retropatellar Pain Syndrome, Left Knee5099-50190%20020610↓No Additional MEB/PEB Entries↓Cervical Spine condition52900%20020610Postoperative Cataract, Pseudophakla, Right Eye6028-602930%200206100% x 4/Not Service-Connected x 020020610 Combined: 0%Combined: 30% The...
AF | PDBR | CY2011 | PD2011-00820
Back Condition. Right Knee Condition . The right knee had normal ROM, and no evidence of ACL instability.
AF | PDBR | CY2011 | PD2011-00822
The PEB adjudicated the cervical spine and left knee conditions as unfitting, rated 10% and 0% respectively, each citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy. The CI’s application implies a request for consideration of rating all of his listed Department of Veterans’ Affairs (DVA) conditions, which would include the lumbar spine condition addressed by the MEB. No physical findings for the spine, other than the cited ROM measurements, were recorded.
AF | PDBR | CY2011 | PD2011-00823
However both the NARSUM and the treatment record document the radicular pain and weakness continued at the same level of severity after the second surgery and at least until the time of the MEB NARSUM in April 2006. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record VASRD CODE RATING 20% 10% 30% 5243 8620 COMBINED XXXXXXXXXXXXX, DAF President Physical Disability Board of Review 6 PD1100823 SFMR‐RB MEMORANDUM FOR Commander, US Army Physical Disability...
AF | PDBR | CY2011 | PD2011-00825
The PEB adjudicated the left knee pain condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). (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. Left Knee Pain Condition .
AF | PDBR | CY2011 | PD2011-00826
Bilateral Ankles . The VA initially rated the C&P exam at 10% for each ankle using 5010-5271 (specifying ankle limitation of motion), with increase on appeal to 20% each side based on the same exam and VA treatment records through 26 May 2006 (approximately 17 months post-separation). In the matter of the bilateral ankle condition the Board unanimously recommends that it be rated for two separate unfitting conditions as follows: left ankle coded 5010-5271 and rated 10% and right ankle...
AF | PDBR | CY2011 | PD2011-00827
The PEB adjudicated the lumbar spine and right knee conditions as unfitting, rated 10% each; citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD) for the spine condition; and, referencing the US Army Physical Disability Agency (USAPDA) pain policy for the knee condition. 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...