AF | PDBR | CY2012 | PD2012 01400
He was issued a permanent U3L3 profileandreferred for a Medical Evaluation Board (MEB).The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.The PEB adjudicated the chronic pain of the left shoulder with subluxation, the right foot and low back as a single unfitting condition, rated 20%, with application of the US Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals and was medically separated. Post-SepFlexion (0-180⁰)170⁰140⁰Abduction...
AF | PDBR | CY2012 | PD2012 01403
The MEB characterized his condition as “exercise-induced compartment syndrome”EICS and forwarded it to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.ThePEB adjudicated bilateral lower leg pain secondary to EICS as unfitting, rated 0%, citing the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals, and was medically separatedwiththat rating. The narrative summary (NARSUM) notes the CI had a lower leg pain that...
AF | PDBR | CY2012 | PD2012 01407
The right knee condition, characterized as “right knee chronic pain with patella chondromalacia status post knee arthroscopy”was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. The Board first considered coding as 5261 and, noting that the exams most proximal to the date of separation documented normal ROMs, concluded that a rating of no higher than 0% could be granted without application of VASRD §4.59 (painful motion) or §4.40 (limitation of function). Physical Disability...
AF | PDBR | CY2012 | PD2012 01412
The PEB coded chronic low back pain 5295 (lumbosacral strain and pain on motion) and rated it 10% based on IAW DOD and VASRD guidelines. At the MEB exam of 25June2002 the CI reported no neck pain or cervical paresthesias. Neither charted exam was compensable based on ROM limitations.
AF | PDBR | CY2012 | PD2012 01422
He was issued a permanent U3 profile andreferred for a Medical Evaluation Board (MEB).The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.The PEB adjudicated the right hand pain and finger weakness as unfitting, rated 20%, with application of the US Army 40-501, chapter 3, paragraph 3-30j and Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated with a 20% disability rating. Right Hand Condition . ...
AF | PDBR | CY2012 | PD2012 01435
No physical examination findings were documented. Although the DA 199 mentioned characteristic pain on motion, which supports a 10% disability rating using either the 2003 or the current VASRD, the PEB assigned a 0% rating.The VA determined that neither the back pain nor the left leg radiculopathy was service-connected or service aggravated. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01436
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. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the...
AF | PDBR | CY2012 | PD2012 01438
SEPARATION DATE: 20020121 The Board’s role is thus confined to the review of medical records and all evidence at hand to assess the fairness of PEB rating determinations, compared to VASRD standards, based on ratable severity at the time of separation; and, to review those fitness determinations within its scope (as elaborated above) consistent with performance-based criteria in evidence at separation.The Board acknowledges the CI’s information regarding the significant impairment with...
AF | PDBR | CY2012 | PD2012 01439
The Board opined that since the CI can only be rated for one mental health diagnosis and IAW §4.130 both PTSD and MDD are rated according to the General Rating Formula for Mental Disorders,the determination of the occurrence of “a highly stressful event” is more important than the specific mental health condition diagnosis.The Board noted that the circumstance of crossfire, with personal danger and loss of a fellow unit member were sufficient to concede a “highly stressful event.” After due...
AF | PDBR | CY2012 | PD2012 01442
Based primarily on the data from that C&P exam, the Board unanimously agreed that the most appropriate coding option was 5292, and the CI’sLBP condition was best described as “moderate.” There was insufficient evidence in the treatment record to support classifying hisLBP condition as “severe.” After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board unanimously recommends a disability rating of 20% for the low back pain (LBP) condition....
AF | PDBR | CY2012 | PD2012 01443
TheIPEBadjudicated “fibromyalgia syndrome”as unfitting, rated 10%, with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions (small annular tear and major depressive disorder [MDD])were determined to be Category III conditions (not separately unfitting and do not contribute to the unfitting condition). The FPEB determined the rating for FM met the criteria for a 20% rating, the small annular tear to be a Category II condition...
AF | PDBR | CY2012 | PD2012 01450
SEPARATION DATE: 20050408 The Informal PEB (IPEB) adjudicated the OSA requiring CPAP condition as unfitting, rated 0%. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR) pertaining to the individual named in the subject line above to recharacterize the individual’s separation as a permanent disability retirement with the combined disability rating of 50%...
AF | PDBR | CY2012 | PD2012 01457
The CI requested a reconsideration of the IPEB findings after which the IPEB found the CI unfit for his low back condition, rated 10%. Subsequent multiple VA physical therapy records ranging to the end of 2002,within the 12-month window specified in DoDI 6040.44 regarding VA evaluations for Board consideration, did not demonstrate any deterioration in the CI’s condition, although the Board noted that the CI continued to have ongoing low back pain that was being treated with non-steroidal...
AF | PDBR | CY2012 | PD2012 01470
The knee condition, characterized as “status post grade III open fracture to his left patella.” was the only condition forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.The Informal PEBadjudicated “chronic left knee pain postoperative with 10% of patella removed”as unfitting, rated 0% referencing the US Army Physical Disability Agency (USAPDA) pain policy.The CI appealed to the Formal PEB (FPEB) which increased the rating to 10%citing the USAPDA pain policy. The Board considers...
AF | PDBR | CY2012 | PD2012 01479
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active dutySPC/E-4 (11M/Infantryman),medically separated for left knee residual pain. Physical Disability Board of Review SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130010810 (PD201201479)I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings...
AF | PDBR | CY2012 | PD2012 01484
The physical examination was normal.The VA rating decision of 12June 1998 assigned a 10% disability rating for the CI’s Crohn’s disease. The gastroenterologist concluded that the CI’s Crohn’s disease was stable and advised to continue his usual medication regimen.The CI was removed from the TDRL and separated with 10% disability for Crohn’s disease (VASRD code 7399-7323).The Board directs attention to its rating recommendation based on the above evidence.The Board first considered if a...
AF | PDBR | CY2012 | PD2012 01486
The PEB and the VA coded the chronic neck pain condition using VASRD code 5237. Physical Disability Board of Review SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130010228 (PD201201486)I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.
AF | PDBR | CY2012 | PD2012 01495
The CI then returned with left foot pain and was diagnosed by bone scan in June 2001 to have another metatarsal stress fracture; she was again treated. The VA rated the right foot pain and the left foot pain separately, each as 5299-5284 (analogous to other foot injury) at 10% (moderate), combined with bilateral factor to 20%. SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130009110 (PD201201495)I have reviewed the enclosed Department of Defense...
AF | PDBR | CY2012 | PD2012 01496
Although she continued to endorse symptoms of PTSD, her GAF was 60 which correlated with moderate symptoms or moderate difficulty in social, occupational, or school functioning.The documents did not cite evidence which would confirm that either reliability or productivity on the job was suffering because of psychiatric symptoms, and both speculation and liberal reliance on reasonable doubt would be required to draw that conclusion.Her level of disability at that time was most consistent with...
AF | PDBR | CY2012 | PD2012 01497
The MEB also forwarded right shoulder pain, hypertension, gastroesophageal reflux disease (GERD) and hypercholesterolemia, identified in the rating chart below, as not disqualifying.The Physical Evaluation Board (PEB) adjudicated the chronic LBP conditionas unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to meet retention standards and therefore to be not unfittingand not ratable.The CI made no...
AF | PDBR | CY2012 | PD2012 01498
The lumbar and right shoulder conditions, characterized as “lumbar three-four disk disease with right sciatica,”“status post three epidural steroid injections” and “impingement right shoulder,” were forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. The PEBadjudicated “lumbar three-four disk disease with right sciatica” and “impingement right shoulder” as unfitting, rated 10% and 10%, with likely application of theVeterans Affairs Schedule for Rating Disabilities...
AF | PDBR | CY2012 | PD2012 01502
(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 requested knee and hip conditions are not within the Board’s purview.Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of...
AF | PDBR | CY2012 | PD2012 01507
Five days after the initial injury, the CI suffered another episode of heat exhaustion. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130010217 (PD201201507)I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings...
AF | PDBR | CY2012 | PD2012 01511
Service PEB – Dated 20011221 The Board noted the bilateral knee condition was combined, not bundled, and were given separate rating of 10% based on pain. SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130009585 (PD201201511)I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.
AF | PDBR | CY2012 | PD2012 01512
The leg, hipand knee conditions, characterized as “bilateral shin splints,” “right tibial plafond stress reaction,” “bilateral femoral stress reactions,” and “left greater trochanteric bursitis & PFPS [patellofemoral pain syndrome],” were forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. Bilateral Leg PainCondition (includes Bilateral Shin Splints,Bilateral Femoral Stress Reactions, Left Greater Trochanteric Bursitis, and Left PFPS) :The narrative summary, 4 months...
AF | PDBR | CY2012 | PD2012 01515
The following day the CI presented to clinic with report of burning/sharp pain in right hip/buttocks. Treatment records recorded three entries documenting full range-of-motion (ROM), three entries recorded decreases in ROM: two of them indeterminate, the other recorded flexion of 60 degrees, both recorded 2 months prior to separation. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the...
AF | PDBR | CY2012 | PD2012 01516
The Physical Evaluation Board (PEB) adjudicated the bilateral foot conditionas unfitting, rated 10%with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to meet retention standards. (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...
AF | PDBR | CY2012 | PD2012 01517
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active dutySGT/E-5(91E/Dental Assistant),medically separated for major depressive disorder (MDD), recurrent, compounded by alcohol dependence, with history of depressed mood and anxiety.The CI first presented to military mental health in the late 80’s and noted first being treated for alcoholism in Germany in 1997 for both narcotic addiction and polydrug dependence to...
AF | PDBR | CY2012 | PD2012 01518
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active dutyAC2/E-5 (6902/Air Traffic Controller),medically separated for multilevel degenerative disk disease (DDD), lumbar and herniated nucleus pulposus (HNP), C5-C6, left. Since no evidence of functional impairment exists in this case, the Board cannot support a recommendation for additional rating based on peripheral nerve impairment at the time of separation from...
AF | PDBR | CY2012 | PD2012 01519
Knees should have been rated separately, not together. In the matter of the bilateral PFS conditions, the Board unanimously recommends that each joint be separatelyadjudicated as follows: an unfitting PFS left knee condition coded 5260, rated 10% and an unfitting PFS right knee condition coded 5260 and rated 10%; both IAW VASRD §4.71a. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01520
The MEB forwarded post-traumatic degenerative changes, left wrist, s/p open reduction bone grafting, significant limited left wrist range-of-motion (ROM), left wrist pain, left wrist instability, and nonunion left distal radius conditions to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. Left Wrist ROM (Degrees)MEB ~ 6 Mo. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01522
A rating cannot be recommended. In the matter of the contended postconcussion syndrome, right CTS, hypercholesterolemia, and blood pressure conditions, the Board unanimously recommends no change from the PEB determinations of not unfitting.There were no other conditions within the Board’s scope of review for consideration. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01523
; have been hospitalized for PTSD; medical conditions not rated.” The Board therefore agreed that this condition more nearly approximated the criteria for the 10% rating.After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a permanent disability rating of 10% for the depression condition. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not...
AF | PDBR | CY2012 | PD2012 01525
Left Knee . The Board noted that there was no pain on ROM testing on either the MEB or C&P examinations; however, both examinations made reference to tenderness about the patella and noted pain with activity implying painful motion. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.As...
AF | PDBR | CY2012 | PD2012 01526
He was then medically separated with a 0% disability rating. As noted above, the CI was medically separated from the Army in April 2003 due to chronic neck and back pain.Twenty months later, he had a VA Compensation and Pension exam. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.In...
AF | PDBR | CY2012 | PD2012 01529
The brain trauma and incontinence conditionswere not identified by the MEB or PEB and thus,they are not within the DoDI 6040.44 defined purview of the Board.These and any other condition or contention not requested in this application, remain eligible for future consideration by the BCMR. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01531
The PEB found the chronic bilateral knee pain unfitting and rated it 0% IAW the US Army Physical Disability Agency (USAPDA) pain policy.The other conditions were determined to be not unfitting. The Army PEB combined the two knee problems into a single unfitting condition, characterized as “chronic bilateral knee pain due to patellofemoral syndrome.” The condition was coded 5099-5003 and rated at 0%. Therefore, the Board does not recommend a separate Service disability rating for each knee.
AF | PDBR | CY2012 | PD2012 01534
Hewas issued a permanent U3L3 profile andreferred for a Medical Evaluation Board (MEB).The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.The PEB adjudicated the left ankle and the left shoulder as a single unfitting condition, rated 10%, with application of theUS Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals and was medically separated with a 10% disability rating. CI CONTENTION :“Chronic left ankle pain, left shoulder pain....
AF | PDBR | CY2012 | PD2012 01535
Post-Sep Flexion (125 Normal) No ROM FROM 125 (130 , pain at 120 ) Extension (20) 20 (30) External Rotation (45) 45 (60) Abduction (0-45) 45 (60) Adduction (45) 20 Comment Painful Left hip; pain extending fro m groin into left anterior thigh ; “ very irritable in all directions” “ongoing pain”; Slight irritable with pain on Internal rotationNo change with Deluca; pain with flexion 120-130; strength 5/5; slight pain on palpation ; slight limp §4.71a Rating 10 % 10 % 10 % The CI had a...
AF | PDBR | CY2012 | PD2012 01538
I also reported mental health issues that were reported but not listed with my discharge. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The Board did not surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD were exercised.In the matter of the LBP...
AF | PDBR | CY2012 | PD2012 01540
The VA coded the left knee condition 5257, other impairment of the knee (subluxation or lateral instability) with a 10% rating and separately coded and rated limitation of motion and pain using code 5260, limitation of flexion at 10%. The mild varus instability noted on the C&P performed on 27 September 2006 was not noted on the MEB examination or on the second C&P examination, remote from separation. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012 01543
The CI appealed the MEB decision; it confirmed its findings and recommendation and then forwarded both condition to the Physical Evaluation Board (PEB). CI CONTENTION : “I was referred to the MEB/PEB for severe obstructive sleep apnea (OSA) for which CPAP prescribed by my attending Sleep Specialist and chronic lower back pain. The contended condition adjudicated as not unfitting by the PEB was the OSA condition.
AF | PDBR | CY2012 | PD2012 01550
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.The PEB adjudicated the chronic pain, left shoulder as unfitting, rated 10%,with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) and theUS Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals, and was medically separated with a 10% disability rating. Orthopedic exam of his left shoulder joint was normal with scapulothoracic pain. SUBJECT: Department of...
AF | PDBR | CY2012 | PD2012 01552
The PEB adjudicated the bilateral post-traumatic arthrosis of the ankles condition rating each ankle 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to be not unfitting and determined to be Category 2; conditions that contribute to the unfitting condition but are not separately ratable. The most serious of these issue being my ankle issues, both Left and Right ankles, for which I had surgery while on active duty....
AF | PDBR | CY2012 | PD2012 01556
Upon review of my records you will find multiple medical appointments for swelling of the knee. During one of my appointments my knee was exacerbated, and the doctor took about 60cc's of fluid from it. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2012 | PD2012 01562
The MEB forwarded right shoulder tendonitis/bursitis; status post (s/p) removal of right accessory navicular bone; and posttraumatic left knee pain for Physical Evaluation Board (PEB) adjudication. Right Shoulder Tendonitis/Bursitis Condition . The MEB NARSUM noted TTP and limited, non-compensable ROM on both flexion and abduction of the shoulder.There was no evidence of shoulder instability or dislocation that would allow rating under a shoulder specific Veterans Affairs Schedule for...
AF | PDBR | CY2012 | PD2012 01563
There were no other conditions on the MEB submission.The Physical Evaluation Board (PEB) adjudicated the post-operative neuroma versus scar neuritis of the right medial antebrachial cutaneous nerve with loss of pronation conditions as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD).The CI appealed to the Formal PEB (FPEB), which affirmed the Informal PEB (IPEB)rating but changed the VASRD code.The CI also filed a petition for relief to...
AF | PDBR | CY2012 | PD2012 01567
By 2001, the CI had been diagnosed with herniated discs and left leg pain; in 2002, he underwent back surgery. The Board’s role is confined to the review of medical records and all evidence at hand to assess the fairness of PEB rating determinations, compared to Veterans Affairs Schedule for Rating Disabilities (VASRD) standards, based on severity at the time of separation. Again, there was thus no evidence of a separately ratable functional impairment (with fitness implications) from the...
AF | PDBR | CY2012 | PD2012 01571
No other conditions were submitted by the MEB.The PEB adjudicated “abdominal pain, status post gunshot wound”as unfitting, rated 10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI requested reconsideration. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the...