AF | PDBR | CY2012 | PD2012-00102
The PEB adjudicated the bilateral knee condition as unfitting, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. The narrative summary (NARSUM) completed 4 months prior to separation for the MEB documented the following knee symptoms; constant pain of the left knee rated at 6/10 on a pain scale (10 being the worst) and at its worst is 10/10, and right knee pain secondary to favoring it, rated at 4-5/10. The core DES file consists of the MEB referral...
AF | PDBR | CY2012 | PD2012-00105
The PEB adjudicated the bilateral plantar fasciitis condition as unfitting, rated 20% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). CI CONTENTION : “Condition (Severe and Chronic Bilateral Plantar's [ sic ] Fasciitis) renders member unable to stand, sit, or walk without encountering increasing and untreatable physical pain in both feet. Pain causes member to "walk" or "stand” on knees when possible - as the pain suffered as a result of the use of knees...
AF | PDBR | CY2012 | PD2012-00107
The PEB adjudicated the heat stroke condition as unfitting, rated 0% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Heat Stroke Condition . Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2012 | PD2012-00108
The VA rated the member for the same conditions as the following. Left Shoulder Condition. Post-Sep Left Shoulder ROM Flexion (0-180⁰) Abduction (0-180⁰) Comments §4.71a Rating* *Conceding §4.59 (painful motion) Silent on painful motion 135⁰ 120⁰ 10% 135⁰ 120⁰ 10% Painful motion 160⁰ 120⁰ 10% Painful motion The MEB physical exam demonstrated well healed anterior and posterior surgical scars, normal strength of the rotator cuff muscles, and normal neurovascular findings.
AF | PDBR | CY2012 | PD2012-00109
PHYSICAL DISABILITY BOARD OF REVIEW Bilateral Hip Condition . RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2012 | PD2012-00113
Chondromalacia of bilateral knees, s/p bilateral osteochondral autograft transfers and mild degenerative joint disease of bilateral knees was forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. Bilateral Knee Condition . Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2012 | PD2012-00116
The Physical Evaluation Board (PEB) adjudicated the chronic LBP with DDD condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The presence of functional impairment with a direct impact on fitness is the key determinant in the Board’s decision to recommend any condition for rating as additionally unfitting. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and...
AF | PDBR | CY2012 | PD2012-00117
The C&P exam supports a finding of painful motion but the evidence is not as strong as the MEB exam. At the time of Psychiatric MEB addendum approximately 4 months prior to separation, the CI had been in treatment with medication and individual and group therapy for a year but continued to have significant symptoms and only mild improvement. The Board must then determine the most appropriate fit with VASRD §4.130 criteria at six months post-separation for its permanent rating recommendation.
AF | PDBR | CY2012 | PD2012-00118
The PEB adjudicated the neuropathic pain condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The VA examiner noted that in addition to the piriformis release, a neurolysis was also done at the April 2002 surgery however the operative report is not available in the record for review. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as...
AF | PDBR | CY2012 | PD2012-00119
I have been (ever since my Army separation undergoing treatment with VA for my disabilities. Bilateral Shin Splints Condition . Therefore, the Board deliberated three rating recommendations, which are all compliant with VASRD §4.71a: 1) A bilateral rating of 10%, coded 5022 (periostitis); 2) Separate 10% ratings, coded with preferred analogous VASRD code 5262-5022 (tibia and fibula, impairment of) for the rating of shin splints conceding §4.40 (“a part which becomes painful on use must be...
AF | PDBR | CY2012 | PD2012-00120
She was then medically separated with a 20% disability rating. A C&P examination for mental illness was performed on 21 August 2006, 2 months after separation, and the examiner noted a GAF of 70 to 80 with a diagnosis of mood disorder secondary to medical 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 mood disorders due to narcolepsy...
AF | PDBR | CY2012 | PD2012-00122
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 examiner diagnosed bulimia nervosa, dysthymic disorder, major depressive disorder, recurrent, in partial remission, dependent personality traits and poor family support with a history of multiple sexual assaults, and occupational stress. Other PEB...
AF | PDBR | CY2012 | PD2012-00125
The subsequent USAPDA review in April 2008 readjudicated assigning a 20% rating; the CI was then medically separated with a 20% disability rating. The CI was treated with extensive physical therapy however he was not able to return to unrestricted duties in his MOS and beginning in April 2005, the CI was on duty limiting profile due to back pain. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as...
AF | PDBR | CY2012 | PD2012-00127
In the majority of the records in evidence, the sensory and motor examinations were normal as was gait, similar to the MEB examination. The CI had a herniated disc with radicular pain which was treated with surgery, and there were symptoms of radiating pain documented in the treatment records. Left calf atrophy was noted on examinations, and measurement at the C&P examination indicated mild atrophy, however normal strength was noted in the majority of examinations.
AF | PDBR | CY2012 | PD2012-00130
The CI contention for radiculopathy with L4-L5 will be addressed in the review of the rating of the unfitting low back pain condition (as referenced on PEB proceedings document). At the MEB exam 4 months prior to separation, the CI reported, “back pain from C 130 hard landing.” The MEB physical exam noted mild tenderness at LS junction to moderate pressure and no overt spasm. The values reported were derived from the subjective pain threshold with motion and the rating decision stated, “an...
AF | PDBR | CY2012 | PD2012-00131
The MEB forwarded lumbar DDD, s/p lumbar interbody fusion as medically unacceptable IAW AR 40-501. The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2012 | PD2012-00133
The Physical Evaluation Board (PEB) adjudicated the chronic low back pain with left leg pain and chronic left leg pain with radiculopathy conditions as unfitting, rated 10% each, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of...
AF | PDBR | CY2012 | PD2012-00136
The CI’s low back pain (LBP) condition began during his first active duty tour after awkwardly jumping out of a helicopter in 2002, at which time a diagnosis of spondylolisthesis was made. The PEB’s 10% rating was based on the examination finding of tenderness, although other rating criteria possibly supporting a higher rating was not included in the NARSUM exam, and therefore not considered by the PEB. Service Treatment Record
AF | PDBR | CY2012 | PD2012-00139
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. An MEB endocrinology examiner, 3 months prior to separation, noted a normal gait and no back tenderness. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause...
AF | PDBR | CY2012 | PD2012-00140
The MEB forwarded epilepsy with breakthrough seizures on therapeutic levels of medications as medically unacceptable IAW AR 40-501. In the matter of the seizure disorder condition, the Board unanimously recommends a disability rating of 20%, coded 8910 IAW VASRD §4.124. 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 | PD2012-00145
“Marked lack of endurance and mild lack of coordination with marked restriction of repetitive use of the left elbow and hand.” 10% (VA rated 20%) 10% (VA rated 20%) 10% (VA rated 20%) 10% (VA rated 30%) The PEB applied a 20% for left elbow pain coded as 5099-5003-8616. The PEB combined elbow pain, ulnar radiculopathy, and traumatic arthritis as a single unfitting condition, coded analogously to 5003 and 8616 and rated 20%. RECOMMENDATION: The Board, therefore, recommends that there be no...
AF | PDBR | CY2012 | PD2012-00148
VA increased the spine rating to 40% was based on the VA post-separation exam above. In the matter of the chronic back pain with sacroiliitis condition, the Board unanimously recommends a disability rating of 20%, coded 5299-5237 IAW VASRD §4.71a. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation:
AF | PDBR | CY2012 | PD2012-00152
That examiner also commented on the limitations imposed by the CI’s abandonment of treatment; and, concluded that with this limitation he was “employable but only under limited conditions and low stress.” There is a conflict with the CI’s employment status at the time of permanent separation based on the history recorded in the VA and TDRL psychiatric evaluations, and that from a VA C&P evaluation for OSA performed a month after permanent separation. All members agreed that the §4.130...
AF | PDBR | CY2012 | PD2012-00153
Type I Diabetes Condition . A 60% rating required “insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated.” Since the CI did not exhibit these findings, the Board has no basis to recommend a rating higher than that assigned by the PEB for the diabetes condition at...
AF | PDBR | CY2012 | PD2012-00155
The CI was suicidal for three weeks following the assault and had continued thoughts of killing the assailant with a gun. Although the PEB adjudicated the Alcohol Dependence with Psychological Dependence as category IV (conditions which do not constitute a physical disability) IAW DoDI 1332.38, all mental health symptoms are considered in the overall PTSD §4.130 rating. Service Treatment Record.
AF | PDBR | CY2012 | PD2012-00156
The conditions chronic neck pain, right shoulder pain and “seizure” like activity (conversion disorder) as requested for consideration meet the criteria prescribed in DoDI 6040.44 for Board purview; and, are addressed below. In the matter of the chronic neck pain condition, the Board unanimously recommends a disability rating of 20%, coded 5241 IAW VASRD §4.71a. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with...
AF | PDBR | CY2012 | PD2012-00158
The PEB adjudicated the chronic hand and foot dermatitis condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The chronic hand and foot dermatitis condition requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview, and is addressed below. The older ratings were based on a judgment about the degree of exfoliation, exudation or itching; or the presence of disfigurement, systemic or nervous...
AF | PDBR | CY2012 | PD2012-00161
Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Army Board for the Correction of Military Records (BCMR). An X-ray in April 2005 reported a normal lumbosacral spine. While the C&P exam documented the CI self reported 14 days of incapacitating episodes and daily flare-ups, there were no treatment records to corroborate this report.
AF | PDBR | CY2012 | PD2012-00163
The VA coded 8100 (Migraine Headaches) and rated 30%. The CI is right-hand dominant who sustained multiple shrapnel wounds, multiple blast injuries from an IED explosion to include a flesh wound ( a soft tissue injury of his left forearm) measuring 8 cm x 8cm with flexor tendon, ulnar artery and radial nerve damage for which he underwent a protracted operative repair. The VA first rated scar, left distal forearm 20% with code 5228 (Thumb, limitation of motion) IAW §4.71a—Schedule of...
AF | PDBR | CY2012 | PD2012-00164
The MEB forwarded the left shoulder impingement syndrome as the only unfitting condition for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the left shoulder impingement syndrome condition as unfitting, rated 10%, with reliance on the US Army Physical Disability Agency (USAPDA) pain policy. In the matter of the left shoulder impingement syndrome condition, the Board unanimously recommends a disability rating of 20%, coded 5010-5201 IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00166
The MEB forwarded: left knee pain, meniscal tear and ACL laxity by orthopedic exam; right shoulder pain, AC separation 1.0cm; left shoulder pain, supraspinatus tendon tear, Grade II SLAP lesion; pain in the left leg s/p femur fracture and intramedullary rod placement; and delayed union of the left femur fracture. The PEB adjudicated chronic pain left knee, right and left shoulders, and left femur s/p injuries conditions as a single unfitting condition, rated 20%, with application of the US...
AF | PDBR | CY2012 | PD2012-00171
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. Migraine Headache Condition . The CI appealed and the VA Decision Review Officer (DRO) increase this to a 10% rating based VA treatment reports from August 2004 through 2005 which documented on numerous and repeated occasions of treatment for migraines to include injections.
AF | PDBR | CY2012 | PD2012-00172
The PEB adjudicated the chronic low back pain condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. 5292 Spine, limitation of motion of, lumbar: The Board considered the PEB’s rating under the 5295 code of the 2003 VASRD.
AF | PDBR | CY2012 | PD2012-00174
Migraine Headache Condition. The PEB and VA both adjudicated the migraine headache condition under VASRD Code 8100, 2 PD12-00174 migraine, but at different rating levels. The Board unanimously agreed the condition had evolved to a level of stability in response to appropriate medical treatment and that at the time of separation the migraine attacks were occasional, not prostrating, and responded to standard treatment.
AF | PDBR | CY2012 | PD2012-00175
While the CI may have suffered additional pain from radiating pain, this is subsumed under the general spine rating criteria, which specifically states “with or without symptoms such as pain (whether or not it radiates).” 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 lumbar DDD condition. After due deliberation in consideration...
AF | PDBR | CY2012 | PD2012-00177
Neck Pain Condition . Fibromyalgia Condition . In the matter of the rotator cuff tear condition, the Board by a vote of 2:1 recommends a disability rating of 10%, coded 5099-5003 IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00178
Since the CI received a PTSD rating of less than 30% from the PEB, and the VA also rated PTSD less than 30%, he was given a choice of accepting the rating assigned by the VA as a permanent rating or submitting applications to either the PDBR or BCMR. With this report, the CI was referred to an MEB by the mental health provider. 50% disability for six months effective the date of the individual’s original medical separation for disability with severance pay and then following this six month...
AF | PDBR | CY2012 | PD2012-00179
The PEB adjudicated the left hip condition and bilateral knee condition, bundling them together, and the chronic posttraumatic migraine headaches condition as unfitting, rated 10% and 10% respectively, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Therefore the Board agreed based on the time of separation the 8100 code could not be considered for a higher rating. In the matter of the left hip and bilateral knee condition, the Board unanimously recommends...
AF | PDBR | CY2012 | PD2012-00187
The PEB, found the bilateral knee pain condition unfitting rated 0% (5299-5003) noting the full ROM and normal X-rays. 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 Disability Evaluation System (DES) or be found unfit because of physical disability (DoDI 1332.38, paragraph E3.P3.4.4. X-rays were normal, and there was no...
AF | PDBR | CY2012 | PD2012-00189
The PEB adjudicated the bilateral multidirectional shoulder instability condition as unfitting, rated 0%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation: UNFITTING CONDITION Right Shoulder Multi‐Directional Instability status post Capsular Shift with History of Multiple Dislocations 5202 VASRD CODE...
AF | PDBR | CY2012 | PD2012-00193
PHYSICAL DISABILITY BOARD OF REVIEW The Physical Evaluation Board (PEB) adjudicated the bilateral knee pain condition as unfitting, rated 0%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. In the matter of the bilateral knee condition, the Board unanimously recommends a disability rating of 10%, coded 5099-5019 IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00194
The VA rated each lower extremity at 10% coded 8521 for peripheral neuropathy. Since no evidence of functional impairment exists in this case, the Board cannot support a recommendation for additional rating based on peripheral nerve impairment. 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 5242 COMBINED 10% 10% Chronic LBP The following documentary...
AF | PDBR | CY2012 | PD2012-00195
Given the symptoms from his lower back pain (LBP), the CI was recommended for a Medical Evaluation Board (MEB) for his hearing-loss. All exams demonstrated normal gait with limited ROMs that met the 10% rating criteria. The VA rater’s rationale for a 10% rating was based on the examiner’s specified assessment of industrial adaptability and capability “seems good.” The Board deliberated if the VA GAF of 60 (upper end of moderate symptoms closest to mild symptoms; MEB GAF=45); the CI’s...
AF | PDBR | CY2012 | PD2012-00198
The Physical Evaluation Board (PEB) adjudicated the left knee PFPS conditions as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Post-Sep Left Knee ROM Flexion (140 Normal) Extension (0 Normal) §4.71a Rating 10% 10% The CI was first evaluated in March 2000 for a 2-month history of knee pain while running following trauma. 3 PD12-00198 RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s...
AF | PDBR | CY2012 | PD2012-00203
The PEB adjudicated the DDD with broad-based disc bulge at LS-S1 condition as unfitting, rated 0% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically separated with a 0% service disability rating. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt) and §4.59 (painful motion), the Board recommends a disability rating of 10% for the DDD with broad-based disc bulge at...
AF | PDBR | CY2012 | PD2012-00205
Social and occupational impairment consistent with a 30% evaluation (“occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks”), could be surmised from some of the documented symptoms at the time of the C&P examination including some depressive symptoms, some breakthrough panic symptoms, intrusive thoughts, easily startled, and periodic nightmares. 50% disability for six months effective the date of...
AF | PDBR | CY2012 | PD2012-00207
The PEB adjudicated the bilateral shoulder pain with subluxation and the chronic back pain, due to lumbar DDD conditions as unfitting, rated 10% and 0%, with specified application of the US Army Physical Disability Agency (USAPDA) pain policy for the shoulders and likely application of AR 635-40, B-29 for rating the back condition. The CI was scheduled for a third right shoulder surgery within one week, and the CI had recently had a civilian orthopedic evaluation of the left shoulder that...
AF | PDBR | CY2012 | PD2012-00208
The IPEB adjudicated her chronic low back pain and chronic neck pain conditions as unfitting, rated 10% and 0% respectively, citing application of the Department of Defense Instruction (DoDI) 1332.39 and AR 635-40 (chronic LBP); and the US Army Physical Disability Agency (USAPDA) pain policy (chronic neck pain). The CI was then medically separated with a combined 10% disability rating. Chronic Neck Pain condition : See exam chart summary above.
AF | PDBR | CY2012 | PD2012-00212
The PEB adjudicated the left shoulder condition and the low back condition as unfitting, rated 20% and 0% respectively, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Left Shoulder 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 | PD2012-00213
The Physical Evaluation Board (PEB) adjudicated the lumbosacral strain condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The MEB NARSUMs record CI report that her depression was caused by back pain from the September 2006 injury. The 22 December 2008 occupational health pre-employment medical examination records CI report of “Some depression secondary to back pain”, and noted the history of low back pain with limitations...