AF | PDBR | CY2012 | PD2012-00008
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 Veteran’s Affairs Schedule for Rating Disabilities (VASRD) VASRD standards, based on ratable severity at the time of separation; and, to review those fitness determinations within its scope (as elaborated above) based on MOS performance limitations in evidence at separation. The PEB combined right shoulder and right knee disabilities as...
AF | PDBR | CY2012 | PD2012-00010
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), §4.7 (higher of two evaluations), §4.40 (functional loss) and §4.14 (avoidance of pyramiding) the Board recommends disability ratings of 20% coded 5299-5293 for the cervical spine fusion and arm pain (radicular) condition and a separate 10% rating for the shoulder pain condition coded 5099-5003, and no other unfitting or ratable conditions. In the matter of the chronic pain, right shoulder...
AF | PDBR | CY2012 | PD2012-00011
The VA chose code 8911 (epilepsy, petit mal) and rated 40% defined as at least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least five to eight minor seizures weekly based on the CI report that the seizures occur without warning and occur approximately once every 6 months. The challenge before the Board was to evaluate the hard subjective evidence and consider the tally of the CI’s major and minor seizure activity in order to apply the appropriate VASRD code...
AF | PDBR | CY2012 | PD2012-00013
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. Bilateral Hip Condition . In the matter of the bilateral hip condition, the Board unanimously recommends a combined disability rating of 20%, coded 5099-5022 for each hip IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00015
Review of the records up to 12 months after release from active duty reflected a VA exam 6 months after separation, without interval back injury or surgery, that demonstrated a normal gait without the use of assisted devices and new ROMs reflected in the chart above. The Board carefully considered the whole record IAW VASRD §4.2 (Interpretation of examination reports) in order to develop a consistent picture of the CI’s back condition and agreed in this case that the ROM documented in the...
AF | PDBR | CY2012 | PD2012-00017
The PEB adjudicated right ankle pain as unfitting, rated 20%; with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. At the MEB exam, the CI reported continued daily pain 4 on a scale of 1-10 currently with 8 being the worse, stiff right ankle, only able to walk on the lateral side of the right foot with numbness and tingling of the heel and lateral foot area since surgery. RECOMMENDATION : The Board, therefore, recommends that there be no...
AF | PDBR | CY2012 | PD2012-00018
Right Knee Pain Condition . The MEB physical exam documented two ROMs. In the matter of the right knee condition and the back condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication.
AF | PDBR | CY2012 | PD2012-00019
He was placed on limited duty (LIMDU) and underwent a Medical Evaluation Board (MEB). The conditions ganglion cyst, 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 conditions. Right Shoulder Condition .
AF | PDBR | CY2012 | PD2012-00021
Furthermore, IAW DoDI 6040.44 and DoD guidance (which applies VASRD §4.129 to all Board cases), the Board is obligated to consider if the definition of §4.129 is met for any psychiatric condition resulting in medical separation; i.e., “a mental disorder that develops in service as a result of a highly stressful event.” The evidence is clear in this case that all of the elements for application of §4.129 were met. At the VA Compensation and Pension (C&P) exam, performed 2 weeks prior to...
AF | PDBR | CY2012 | PD2012-00023
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The rating for the unfitting right knee condition is addressed below; but, since they were...
AF | PDBR | CY2012 | PD2012-00024
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (92G20 / Food Service Operations), medically separated for low back pain (LBP). 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
AF | PDBR | CY2012 | PD2012-00026
One single condition (complex partial seizures) was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable. The CI accepted the PEB findings, and was medically separated with a 20% disability rating. As noted above, he was medically separated with a disability rating of 20%.
AF | PDBR | CY2012 | PD2012-00027
rating.” The VA chose to bundle the thoracic and lumbar spines together and rate for residual pain which is consistent IAW §4.71a which cites “With or without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease.” The PEB assigned a 10% rating with code 8719 (neuralgia, long thoracic nerve) for the mid back based on T8 dermatomal pain, sensory loss and objective evidence of a T8-T9 HNP. The Board...
AF | PDBR | CY2012 | PD2012-00029
Hip pain was also noted on knee ROM testing. 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 XXXXXXXXXXXXXXXXXXXXX, AR20120020004 (PD201200029)
AF | PDBR | CY2012 | PD2012-00031
Bilateral Foot/Ankle Condition . The MEB physical exam demonstrated; a slow gait, bilateral tenderness of the ankles, increased pain along the posterior region of the left ankle, negative medial and lateral pain of the right ankle, bilateral tenderness over the plantar fascia and also on the area of the medial heads of the calcaneus (heel bone), bilateral pes planus (flat foot), a scar on the left big toe, without erythema, edema or instability of the ankles. RECOMMENDATION : The Board,...
AF | PDBR | CY2012 | PD2012-00032
Lower Back Condition . The Board considered whether the PEB removal of an unfitting sciatica was deliberate and if additional permanent rating could be recommended under a peripheral nerve code, as conferred by the FPEB for TDRL entry, for the sciatic radiculopathy at separation. The Board concluded therefore that the left sciatic radiculopathy condition could not be recommended for additional disability rating.
AF | PDBR | CY2012 | PD2012-00033
The PEB adjudicated the peroneal tendonitis condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). At the time of pain the CI was able to function. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2012 | PD2012-00035
The PEB adjudicated the left hip pain secondary to healed inferior pubic ramus stress fracture condition as unfitting, rated 10%, with application of the Veterans Administration 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...
AF | PDBR | CY2012 | PD2012-00036
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (44B/Welder), medically separated for bilateral bunion pain status post surgical correction of the left and of the right foot (joint at base of big toe). The PEB combined the right foot bunion pain condition and left foot bunion pain condition as a single unfitting condition, coded analogously to 5280 and rated 0%. I direct that all the Department of...
AF | PDBR | CY2012 | PD2012-00038
The PEB adjudicated the chronic right ankle pain status post talar fracture condition as unfitting, rated 10%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. ConditionCodeRatingConditionCodeRatingExam Chronic Right Ankle Pain S/P Talar Fracture5099-500310%Chronic Right Ankle Pain and Limited Motion S/P Talus Fracture5273-527110%*STR↓No Additional MEB/PEB Entries↓0% x 0/Not Service Connected x 0 Combined: 10%Combined: 10% *Failed to report to VA Exam...
AF | PDBR | CY2012 | PD2012-00039
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 chest wall and right shoulder condition, the Board unanimously recommends a disability rating of 40%, coded 8699-8610 IAW VASRD §4.123a. Providing orders showing that the individual was retired with permanent disability effective the...
AF | PDBR | CY2012 | PD2012-00042
Additionally, the MEB measurements are consistent with corroborating evidence; the MEB measurements are consistent with the diagnostic and clinical pathology in evidence; there is not a reasonable accounting for progressively impaired ROM in the fairly short interval between the MEB and VA examinations; therefore, based on all evidence and associated conclusions just elaborated, the Board is assigning preponderant probative value to the MEB evaluation. In accordance with VASRD code 5003...
AF | PDBR | CY2012 | PD2012-00045
The CI had several injuries to his left knee. The PEB adjudicated the left knee pain condition as unfitting, rated 10%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy and the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Knee Pain Condition .
AF | PDBR | CY2012 | PD2012-00046
Chronic right ankle and foot pain and lower back pain (LBP) were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. Right Ankle/Foot Condition . Service Treatment Record
AF | PDBR | CY2012 | PD2012-00049
The PEB adjudicated the left knee pain and arthritis condition as unfitting, rated 0%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. (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 Condition.
AF | PDBR | CY2012 | PD2012-00052
After 5 years on the TDRL, the PEB adjudicated a permanent disability rating of 10% for the mental health condition with application of SECNAVINST 1850.4D and the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). In the matter of the mental health condition, the Board, by a vote of 2:1, recommends a 50% disability rating upon entry on TDRL and a permanent disability rating of 10%, coded 9404 IAW VASRD §4.130. Service Treatment Record Exhibit C. Department of Veterans’ Affairs...
AF | PDBR | CY2012 | PD2012-00057
She was then medically separated with a 10% disability rating. The 20% rating was based on the limitation of motion documented on the VA Compensation and Pension (C&P) examination discussed above which was considered moderate. 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 with severance pay.
AF | PDBR | CY2012 | PD2012-00060
The Physical Evaluation Board (PEB) adjudicated the lumbar degenerative arthritis condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The PEB and VA both coded the back condition as 5242, degenerative arthritis of the spine, and rated it at 20% for reduced ROM with flexion greater than 30 degrees but less than 60. At the time of the MEB history and physical examination, the CI indicated dizziness in February and March of 2008.
AF | PDBR | CY2012 | PD2012-00061
The Physical Evaluation Board (PEB) adjudicated the hypercoagulable state due to May Thurner Syndrome referred to as recurrent left lower extremity DVT condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and the US Army Physical Disability Agency (USAPDA) Table of Analogous Codes of 25 November 2008. The other requested Hypercoagulable State due to May Thurner Syndrome referred to as Recurrent Left Lower Extremity Deep Vein...
AF | PDBR | CY2012 | PD2012-00063
CI CONTENTION : “The Physical Evaluation Board (PEB) considered only the immediate limitations caused by my shoulder injury in determining my permanent disability rating. Left Shoulder Condition . Service Treatment Record.
AF | PDBR | CY2012 | PD2012-00065
The other requested conditions (the remaining conditions rated by the VA at separation) are not within the Board’s purview. *** VARD 20091015 awarded a temporary 100% rating based on surgical or other treatment necessitating convalescence, effective 20090916 to 20100101. The MEB examination performed 5 months prior to separation indicated chronic left knee swelling and tenderness.
AF | PDBR | CY2012 | PD2012-00069
PHYSICAL DISABILITY BOARD OF REVIEW The Board’s authority as defined in DoDI 6040.44, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. Physical Disability Board of Review
AF | PDBR | CY2012 | PD2012-00070
The Physical Evaluation Board (PEB) adjudicated the chronic neck pain and right knee pain as unfitting, rated 10% and 0%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. Physical examination revealed a “slight antalgic gait complaining of neck and back pain.” Inspection of the spine was “grossly unremarkable.” Tenderness of the lower cervical region was present but muscle spasm was absent. Right Knee Pain .
AF | PDBR | CY2012 | PD2012-00072
(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 conditions “identified but not determined to be unfitting by the PEB.” The back pain, depressive disorder, bilateral plantar fasciitis, bilateral retropatellar pain, migraine headaches and left wrist conditions meet the criteria prescribed in DoDI 6040.44 for Board purview. The Board then considered the disability rating for the...
AF | PDBR | CY2012 | PD2012-00073
The PEB adjudicated the left hip/pelvic pain condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Hip/Pelvic Pain Condition . ; Left hip pain limited; Right without pain; negative DeLuca§4.71a Rating10%*10%*At the MEB exam, the CI reported left hip area pain that was usually tolerable unless exacerbated by activity.
AF | PDBR | CY2012 | PD2012-00077
The MEB forwarded chronic right hip pain secondary to sciatic radiculopathy and mechanical LBP as medically unacceptable IAW AR 40-501 to the Informal Physical Evaluation Board (IPEB). An X-ray of the right knee was normal. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: VASRD CODE RATING 5237 8799-8720 COMBINED 10% 10% 20% UNFITTING CONDITION Mechanical Low Back Pain Right Hip Pain...
AF | PDBR | CY2012 | PD2012-00078
A PT examination on 28 January 2008 noted a mildly antalgic gait, normal ROM and reduced girth of the left thigh as well as reduced strength in the left lower extremity (LLE). Left Knee Condition. Left Knee ROM Flexion (140 Normal) Extension (0 Normal) Comment §4.71a Rating Ortho ~17 Mo.
AF | PDBR | CY2012 | PD2012-00080
The Physical Evaluation Board (PEB) adjudicated the lumbosacral spondyloarthropathy condition as unfitting, rated at 10%. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: Exhibit C. Department of Veterans’ Affairs Treatment Record
AF | PDBR | CY2012 | PD2012-00081
The Physical Evaluation Board (PEB) adjudicated the bilateral knee condition as unfitting, rated 10% for each knee 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...
AF | PDBR | CY2012 | PD2012-00084
No other conditions were forwarded for Physical Evaluation Board (PEB) adjudication. The examiner performed an additional ROM examination with three repetitions recorded as lumbar flexion 50, 50, and 50 degrees. The VA spine Compensation and Pension (C&P) examination performed on 25 March 2005 did not record thoracolumbar ROM but documented absence of tenderness and muscle spasm, with normal gait and posture.
AF | PDBR | CY2012 | PD2012-00086
All evidence considered, the Board recommends that each knee be separately adjudicated as unfitting, coded 5299-5260 and rated 10% each IAW VASRD §4.71a. In the matter of the right and left knee condition (patellofemoral syndrome), the Board unanimously recommends a separate disability rating of 10% for each knee, coded 5299-5260 IAW VASRD §4.71a. I concur with that finding, accept their recommendation and direct that your records be corrected as set forth in the attached copy of a...
AF | PDBR | CY2012 | PD2012-00088
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SSGT/E-6 (98C30/Research, Development, Test and Evaluation NCO), medically separated for chronic low back pain (LBP) and right hip pain. The orthopedic examination performed on 14 February 2006, ROM was consistent with the MEB NARSUM examination and also indicated absence of tenderness or muscle spasm that would support a 10% rating using the general rating...
AF | PDBR | CY2012 | PD2012-00090
Complaints of right shoulder pain, back pain, and knee pain were noted, but not ankle pain. At the MEB examination, the examiner recorded no limitation in ROM and normal strength of the right shoulder. It was noted that PT was beneficial and that the second C&P documented essentially normal ROM for the hip.
AF | PDBR | CY2012 | PD2012-00093
The PEB adjudicated the bilateral patellofemoral pain syndrome condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Bilateral Knee 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.
AF | PDBR | CY2012 | PD2012-00094
The PEB adjudicated the left knee DJD condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). 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 any of the contended conditions; and, therefore, no additional disability ratings can be recommended. In the matter of the left knee condition...
AF | PDBR | CY2012 | PD2012-00095
The headache, pinched nerve and herniated discs in the back and neck, and carpal tunnel syndrome bilaterally conditions 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 condition of fibromyalgia. There is no evidence in the record of a headache, back, or neck condition separate from the fibromyalgia condition. RECOMMENDATION: The Board recommends that the CI’s...
AF | PDBR | CY2012 | PD2012-00098
The PEB adjudicated the chronic back pain condition as unfitting, rated 10%, with application of the Veteran’s Affairs 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 the time of final disposition. After due deliberation in consideration of the preponderance of the...
AF | PDBR | CY2012 | PD2012-00099
At the MEB NARSUM evaluation, performed on 5 September 2002, the CI reported low back pain and radiation of pain down left leg. In the matter of the sleep apnea condition, the Board unanimously recommends a disability rating of 50%, coded 6847 IAW VASRD §4.97. 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 with severance pay.
AF | PDBR | CY2012 | PD2012-00100
Chronic Cough Condition . When carefully considering the whole record IAW VASRD §4.2 (Interpretation of examination reports) in order to develop a consistent picture of the CI’s chronic cough condition health condition the Board agreed the evidence reflects a consistent improvement in the post bronchodilator. In the matter of the chronic cough condition, the Board unanimously recommends a disability rating of 30%, coded 6699-6602 IAW VASRD §4.97.
AF | PDBR | CY2012 | PD2012-00101
The Physical Evaluation Board (PEB) adjudicated the contact dermatitis condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The knee pain and anxiety conditions 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 condition of contact dermatitis. RECOMMENDATION : The Board, therefore, recommends that...