AF | PDBR | CY2012 | PD2012-00214
Post-Separation) – All Effective Date 20050501 Code Rating Condition Code Rating Exam 5099-5003 20% Category 2 S/P Right Ankle Sprain w/ Residual FX & Ligament Rupture; Posttraumatic Osteochondritis, Posttraumatic Arthrosis 5271 20% 20050808 No Additional MEB/PEB Entries Combined: 20% Dysthymic Disorder . Both of the PEB right ankle conditions were considered in rating the right ankle condition. 3 PD1200214 RECOMMENDATION: The Board, therefore, recommends that there be no...
AF | PDBR | CY2012 | PD2012-00220
The MEB forwarded low back pain secondary to herniated L4-5 Disk on DA Form 3947 to the Informal Physical Evaluation Board (IPEB). Chronic LBP Condition . In the matter of the chronic LBP condition, the Board unanimously recommends a disability rating of 20%, coded 5237 IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00222
The Board could not consider the DM renal insufficiency separately as it was not in the PEBs final rating recommendation. The medical evidence of the anemia condition was discussed under the DM condition for possible consideration with a higher rating under the 7913 DM code. 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 anemia condition and,...
AF | PDBR | CY2012 | PD2012-00223
The PEB adjudicated the left leg pain condition as unfitting, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. 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. Left Leg Pain Condition .
AF | PDBR | CY2012 | PD2012-00226
The Physical Evaluation Board (PEB) adjudicated the lumbar fusion L2-L3 condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Lumbar Fusion L2-L3 Condition . In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR that the following individuals’ records not be corrected to reflect a change in...
AF | PDBR | CY2012 | PD2012-00230
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. Chronic Back Pain Condition. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXX President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (TAPD-ZB / ), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 SUBJECT: Department of Defense Physical Disability Board of Review Recommendation...
AF | PDBR | CY2012 | PD2012-00231
The PEB adjudicated the bilateral patella femoral syndrome condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Effective January 2005, the VA assigned separate ratings of 10% for each knee based on new examination evidence supporting separate ratings for each knee. The Board noted that PEBs often combine multiple conditions under a single rating when those conditions considered individually are not separately unfitting and...
AF | PDBR | CY2012 | PD2012-00232
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW SEPARATION DATE: 20050511 NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200232 BOARD DATE: 20121022 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (88M/Truck Driver), medically separated for chronic left upper extremity pain and weakness secondary to shrapnel injury. Service member was not evaluated for PTSD and TBI during his...
AF | PDBR | CY2012 | PD2012-00235
The psychiatric MEB NARSUM does not support a rating greater than 50% at the time of separation and therefore, an initial 50% disability rating for code 9432 (Bipolar disorder) is recommended. Based on this examination and VA treatment records from December 2004 to January 2005 (3 to 4 months after separation), the VA assigned a 30% disability rating for 9432 (bipolar disorder). RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows; and, that the...
AF | PDBR | CY2012 | PD2012-00238
The PEB adjudicated the recurrent dislocation of left (minor) shoulder condition as unfitting, rated 20% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). An additional 10% disability rating was granted by the VA for my left ulnar nerve neuropathy but was not rated by the Army.” Left Shoulder Condition .
AF | PDBR | CY2012 | PD2012-00239
(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 service ratings for unfitting conditions will be reviewed in all cases; in this case, chronic mechanical low back pain. The PEB disability description was “chronic mechanical low back pain due to lumbar DDD, without neurologic abnormality or documented...
AF | PDBR | CY2012 | PD2012-00241
The MEB forwarded degenerative joint disease (DJD), left shoulder, right knee pain, right ankle pain, stable complex partial seizure disorder, chronic right epididymitis, irritable bowel syndrome (IBS), hemorrhoidal disease, chronic tonsillitis and first degree AV block conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic left shoulder pain, chronic right knee pain and chronic right ankle pain conditions as unfitting, rated 10%, 0% and 0%...
AF | PDBR | CY2012 | PD2012-00242
The 2001 Veterans’ Administration Schedule for Rating Disabilities (VASRD) coding and rating standards for the spine, which were in effect at the time of separation, were changed in September 2002 regarding criteria for code 5293 (intervertebral disc syndrome), and then to the current §4.71a rating standards in 2004. The MEB exam documented ROM limitation of 30⁰ forward flexion may be considered a severe limitation of ROM (40%), however, the VA exam prior to separation, indicated some...
AF | PDBR | CY2012 | PD2012-00246
Bilateral forearms showed no hypertrophic scarring and “ROM within normal limits.” The scars were measured at: left upper extremity, dorsal hand 30 square inches (sq. The definition of “superficial” delineated in code 7802 note (2) is “one not associated with underlying soft tissue damage.” The MEB examination only noted the size of the scars with few descriptive details, although the diagnosis included skin grafting of both hands and a 3% full thickness burn to the left hand. With regard...
AF | PDBR | CY2012 | PD2012-00248
(continued) I am requesting a complete review of my records and that the board review the VA rating the MEB Board Plus Addendum and the PEB Board results. RATING COMPARISON: 8521 20% Code Rating Lumbar DDD Code Rating 5010‐5293 60%* Exam STR 1991‐ 2001 VA ( STR ) – All Effective Date 20020327 Condition Residuals, Herniated Nucleus Pulposus, s/p Microdiscectomy w/ DDD and Radiculopathy Not Service‐Connected x 2 Combined: 60% Service PEB – Dated...
AF | PDBR | CY2012 | PD2012-00249
The Physical Evaluation Board (PEB) adjudicated right and left first carpometacarpal joint laxity and pain as unfitting, rated 10% each, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). CI CONTENTION : “I feel I have a service related disability, and the VA rating I received was unacceptable. Pain and laxity of the first CMC joint was present.
AF | PDBR | CY2012 | PD2012-00250
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 VASRD standards, based on severity at the time of separation. Examination of the lower extremities was recorded as normal. In the matter of the Factor II Mutation condition and IAW VASRD §4.104, the Board unanimously recommends no change in the PEB adjudication.
AF | PDBR | CY2012 | PD2012-00256
Another VA C&P examination performed on 22 March 2006, 8 months after separation showed continued signs of muscle weakness and sensory loss with some loss of muscle bulk with abnormal gait. Subsequently, the VA rated the left leg condition separately from the combined rating in the 3 November 2006 VA rating decision and rated it 20%, coded 8523-5262, (incomplete) paralysis of the deep peroneal nerve and impairment of the tibia and fibula. The VA C&P orthopedic examiner for the 22 June...
AF | PDBR | CY2012 | PD2012-00266
The Army said I was medically unfit for service. At the MEB exam 4 months prior to separation, the CI reported constant left knee pain with associated popping snapping and swelling. In the matter of the traumatic left knee arthritis condition, the Board unanimously recommends a disability rating of 10%, coded 5010 IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00270
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20070116 NAME: CASE NUMBER: PD1200270 BOARD DATE: 20121121 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an Active Guard Reserve (AGR) SGT/E-5 (42A/Human Resources Specialist), medically separated for chronic low back pain. In the matter of the chronic low back pain condition, the Board unanimously recommends a disability...
AF | PDBR | CY2012 | PD2012-00273
Pre-Separation) – All Effective Date 20040316 Condition Code Rating Exam Recalcitrant Thoracic Back Pain Secondary to T6 Compression Fx. The VASRD in effect at the time of separation (2004) uses the current General Rating Formula for Diseases and Injuries of the Spine and does not have a 5291 disability code. The PEB used the old spine rules to rate the thoracic spine condition at 0% under 5291 criteria.
AF | PDBR | CY2012 | PD2012-00274
Chronic Right Sided Neck Pain Condition . There was no VA Compensation and Pension(C&P) examination, and the VA rating used the evidence of the service treatment record. The VA coded the neck condition as 5290, Spine-limitation of motion, cervical and rated at 10% based on the STR.
AF | PDBR | CY2012 | PD2012-00276
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20061002 NAME: DEVERE, XXXXXXXXXXXXXX CASE NUMBER: PD1200276 BOARD DATE: 201211O1 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an activated Army National Guard 1LT/0-2(15A, Aviation), medically separated for neurological constellation of symptoms of unknown etiology and a low back condition. The PEB adjudicated the...
AF | PDBR | CY2012 | PD2012-00278
The PEB adjudicated the chronic right foot pain condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. The other requested conditions [headaches, TBI, lower back pain, hernia, bleeding in my anus, lower back herniated, and PTSD] are not within the Board’s purview. The VA also rated the right foot pain at 10%, but coded it 5280-5284, hallux valgus and other foot conditions, respectively.
AF | PDBR | CY2012 | PD2012-00282
There are no other records proximate to separation either before or after separation. Although poor sleep was a complaint, the Board noted that this had been a long-standing issue dating to his first enlistment and contributed to his discharge. 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 contended headache condition and, therefore, no...
AF | PDBR | CY2012 | PD2012-00285
On final PEB evaluation, 62 months later, the PEB adjudicated the vocal cord dysfunction and right lower extremity complex regional pain syndrome as unfitting, rated at 0% and 10% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI was medically separated with a 10% disability rating. TDRL RATING COMPARISON: Service PEB Admin Correction – Dated 20050616 Rating Condition Code Complex Regional Pain Syndrome, Right Lower Extremity Vocal...
AF | PDBR | CY2012 | PD2012-00286
The CI was then medically separated with a 10% disability rating. However, the goniometric measurements, as documented above, showed a limitation in flexion. The VA coded the back condition as 5242, degenerative arthritis of the spine, and rated it at 20%.
AF | PDBR | CY2012 | PD2012-00289
The narrative summary (NARSUM), service treatment records (STR), and prior to separation VA C&P examination all indicate that the CI required and used daily inhalational bronchodilator and oral medications which would support a 30% rating IAW VASRD code 6602 (“daily inhalational or oral bronchodilator therapy or inhalational anti-inflammatory medication”) and VASRD §4.97. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge...
AF | PDBR | CY2012 | PD2012-00290
Chronic Back Pain Condition . The Board evaluated if there was ample evidence to justify the 5293 criteria for the 40% rating for “Severe; recurring attacks, with intermittent relief” as assigned by the VA. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 40% for the chronic back pain condition. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and,...
AF | PDBR | CY2012 | PD2012-00291
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was a mobilized National Guard SSG/E-6 (31C/Radio Operator-Maintainer), medically separated for a low back condition. The VA continued the 20% rating for painful motion and for the degree of limitation during flare-ups which supported the 20% criteria and also citing the VA examiner opined a 30% limitation of motion during flare-ups. RECOMMENDATION : The Board, therefore,...
AF | PDBR | CY2012 | PD2012-00294
The IPEB adjudicated complex regional pain syndrome (CRPS), left foot and ankle as unfitting, rated 20% and symptomatic posterior tibial tendinitis, left as a Category II condition with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD), respectively. The symptomatic posterior tibial tendinitis, left foot condition requested for consideration and the unfitting CRPS, left foot and ankle conditions meet the criteria prescribed in DoDI 6040.44 for Board purview, and...
AF | PDBR | CY2012 | PD2012-00295
The right great toe condition was forwarded to the Physical Evaluation Board (PEB) as two diagnoses (“joint pain, localized right 1st MTP [metatarsal-phalangeal] joint” and “hallux limitus of the right great toe”) characterized as separate medically unacceptable conditions 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 is limited to those conditions which were determined by the PEB to...
AF | PDBR | CY2012 | PD2012-00296
The Physical Evaluation Board (PEB) adjudicated the left knee condition as unfitting, rated 20% with application of the Veterans’ Affairs Schedule for Rating Disabilities (VASRD). SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in DoDI 6040.44 (4.a) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; and, when requested by the CI, those condition(s) “identified but not determined...
AF | PDBR | CY2012 | PD2012-00297
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20060126 NAME: XXXXXXXXXXXXXXXX CASE NUMBER: PD1200297 BOARD DATE: 20121102 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was a 1LT/O-2 (00E, Student Officer) medically separated for chronic low back pain (LBP). The CI accepted the PEB findings, and was medically separated with a 10% disability rating. 2...
AF | PDBR | CY2012 | PD2012-00298
Chronic low back pain with degenerative disc disease at L4-L5 and L5-S1 was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. The MEB physical exam documented the physical therapy ROM. Despite his best efforts, the CI was unable to perform the duties required of continued military service.
AF | PDBR | CY2012 | PD2012-00299
The MEB physical exam was normal. The PEB rated the back condition at 10%; the VA, however, awarded 20% based on the hypothetical reduction with repetitive motion posited by the VA examiner. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2012 | PD2012-00306
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 Correction of Military Records. Post-Separation) – All Effective Date 20040312 Code Rating 5099-5003 0% Condition Left Patellar Dislocation, Meniscal Tear Code 5010-5260* Rating 10% Exam 20040429 20040429 Not Unfitting Not Unfitting ↓No Additional MEB/PEB Entries↓ Combined: 0% NO VA ENTRY NO VA ENTRY Not...
AF | PDBR | CY2012 | PD2012-00311
Post-Separation) – All Effective Date 20091016 ANALYSIS SUMMARY: The Board acknowledges the CI’s contention that suggests ratings should have been conferred for other conditions documented at the time of separation and therefore Service FPEB – Dated 20090528 Condition Code Severe Debilitating Plantar Fasciitis 5399-5310 Rating 10% ↓No Additional MEB/PEB Entries↓ Combined: 10% Condition Left Achilles Tendinopathy Neck Strain Chronic Low Back...
AF | PDBR | CY2012 | PD2012-00316
The MEB forwarded chronic right ankle pain to the Physical Evaluation Board (PEB). Sub-talar motion 20 degrees 10% N/A 10% §4.71a Rating N/A At the MEB exam performed on 1 November 2005, the CI reported pain and swelling of the right ankle. The VA coded the ankle 5271 and rated it 10% for moderate limitations in ROM.
AF | PDBR | CY2012 | PD2012-00318
The Physical Evaluation Board (PEB) initially adjudicated the major depressive order with some features of PTSD which will not be rated separately due to overlapping symptoms and minor compression fracture of L1 as unfitting, rated 10% and 0% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The MDD and PTSD, LBP, migraine headaches, chondromalacia right knee, and left ankle fracture as requested for consideration meet the criteria prescribed...
AF | PDBR | CY2012 | PD2012-00325
At that time, the CI noted no serious problems while in Iraq. The PEB and VA both rated the condition 9411, PTSD, but at different ratings. On review of record in evidence, the Board unanimously recommended a 50% PTSD rating on the TDRL with subsequent evaluation IAW VASRD §4.130 criteria at 6 months for its permanent rating.
AF | PDBR | CY2012 | PD2012-00327
The Physical Evaluation Board (PEB) adjudicated lumbosacral strain as unfitting, rated 10%, with application of the Veteran’s Administration Schedule for Rating Disabilities (VASRD). Gait was noted to be normal. Although the VA C&P examination supporting a 0% rating was considered a thorough examination and was more proximate to separation, the Board does not recommend combined ratings less than that of the PEB.
AF | PDBR | CY2012 | PD2012-00333
The Physical Evaluation Board (PEB) adjudicated the chronic bilateral knee pain condition as unfitting, rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. The Board noted that PEBs often combine multiple conditions under a single rating when those conditions considered individually are not separately unfitting and would not cause the member to be referred into the DES or be found unfit because of physical disability (DoDI 1332.38, paragraph...
AF | PDBR | CY2012 | PD2012-00335
The Physical Evaluation Board (PEB) adjudicated the right wrist condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The commander noted on 19 January 2007, 4 months prior to separation, that the duty performance of the CI was superb and only noted the wrist as duty limiting. Using the VA rating code 5003 as the Board did in this case, does not fully account for the severity of the CI’s functional loss.
AF | PDBR | CY2012 | PD2012-00342
(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 Board determined that only the left foot hammer toe condition is within its purview in this case. The single unfitting condition was the painful, persistent left hammer toe condition after surgical correction. Service Treatment Record Exhibit C....
AF | PDBR | CY2012 | PD2012-00343
The MEB forwarded only one condition; “Cervical spondylosis and multilevel degenerative disk disease with previous radicular and myelopathic signs.” The Physical Evaluation Board (PEB) adjudicated the chronic radiating neck and shoulder pain condition as unfitting, rated 0% with application of the Veterans 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...
AF | PDBR | CY2012 | PD2012-00345
The Physical Evaluation Board (PEB) adjudicated the chronic ankle instability condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The VA’s 20% rating under the 5271 code (ankle, limited motion of) was based on a “severe” ROM impairment as noted in the STR. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record President Physical Disability Board of Review 3 PD12-00345 MINORITY OPINION: The...
AF | PDBR | CY2012 | PD2012-00347
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: NAVY NAME: CASE NUMBER: PD1200347 SEPARATION DATE: 20060501 BOARD DATE: 20130102 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PH3/E-4 (Photographer’s Mate) medically separated for fibromyalgia. The examiner opined, “Tenderness throughout the back and at all joints is not considered significant in this claimant, particularly the...
AF | PDBR | CY2012 | PD2012-00352
Left Knee Pain S/P ACL Repair Condition. Post-Sep 110 0 10% 110 10 Painful motion; limp; Dual codes for separate ratings for limitations in flexion and extension 10% + 10% = 20% 30 after repetition 0 Painful motion; muscle atrophy; antalgic gait 20% Comment §4.71a Rating The CI twisted his knee while playing basketball in January of 2004. The 29 October 2004 PT note documented normal ROM, but reduced strength for flexion and extension for the left knee compared to the right.
AF | PDBR | CY2012 | PD2012-00354
RATING COMPARISON: Service PEB – Dated 20060908 Condition Left Knee Pain PTSD ↓No Additional MEB/PEB Entries↓ Combined: 0% VA – All Effective Date 20061226 Condition Left Knee Condition PTSD Code Rating 5099-5003 0% Meets Medical Retention Standards Code 5299-5260 9411 Rating NSC 30% Exam None PEB Proceedings None 0% X 0 / Not Service-Connected x 3 Combined: 30% ANALYSIS SUMMARY: The Board acknowledges the CI’s assertions that an intentional, legal, and medically inexcusable error was made...