AF | PDBR | CY2012 | PD2012-00359
(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. Pre-Separation) – All Effective Date 20070802 Idiopathic Angioneurotic Edema w/ Laryngeal Involvement Service FPEB – Dated...
AF | PDBR | CY2012 | PD2012-00361
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: MARINE CORPS SEPARATION DATE: 20091129 NAME: CASE NUMBER: PD1200361 BOARD DATE: 20121129 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, SGT/E-5, 6467/Consolidated Automatic Support System (CASS) Technician (2yrs) – previously 3531/Motor Vehicle Operator (5yrs), medically separated for a low back condition. The contended conditions...
AF | PDBR | CY2012 | PD2012-00363
The MEB examiner reported that pain and bilateral sciatica were present, but were much better since surgery. 10 months after separation, a VA clinic provider reported that the CI was a student. In its deliberation, the Board considered that the two service ROM exams 2 PD1200363 performed 3 months apart were identical, and that the outpatient VA follow-up visit performed 10 months after separation noted the pain severity had lessened, over the counter medication was being used for pain...
AF | PDBR | CY2012 | PD2012-00372
The MEB found her ulcerative colitis condition medically unacceptable, and referred her to a Physical Evaluation Board (PEB). The PEB found the ulcerative colitis condition unfitting, and rated it 10% IAW the VA Schedule for Rating Disabilities (VASRD). 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...
AF | PDBR | CY2012 | PD2012-00377
After Separation) – All Effective Date 20070913 Condition Degenerative Disc Disease (DDD) Lumbar Spine with Chronic LBP Right Leg Neuropathy a/w DDD Lumbar Spine … Sleep Apnea Left Rotator Cuff Tear Umbilical Hernia with Recurrence Adjustment Disorder with Anxiety and Depression Code 5237 8521 6847 5299-5201 7399-7339 9440-9434 0% x 2 Rating Exam 30%* 20080325 20% **not noted 20% 20% 30% 20080325 20110309 20080325 20080325 20080518 20080325 Combined: 0% Combined: *80% * DDD, 5237 rated 30%...
AF | PDBR | CY2012 | PD2012-00380
The CI was thus medically separated with a 10% disability rating. Evaluations of the extremities began with a normal arteriogram of the left arm performed concurrently with the cardiac catheterization. The Board has the option of ‘unbundling’ all of the conditions entrained in the PEB rating and recommending separate codes and ratings; but, each disability rating so derived must be supported as separately unfitting by a preponderance of the evidence.
AF | PDBR | CY2012 | PD2012-00383
The PEB adjudicated the chronic left shoulder pain condition as unfitting, rated 0% initially, but then increased to 10% after administrative review with application of the US Army Physical Disability Agency (USAPDA) pain policy. Left Shoulder ROM VA C&P ~4 Mos. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: Chronic Left Shoulder Pain UNFITTING CONDITION VASRD CODE...
AF | PDBR | CY2012 | PD2012-00384
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200384 SEPARATION DATE: 20070314 BOARD DATE: 20121116 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was a SPC/E-4 (92G, Food Service) medically separated for chronic right hip pain. Rotation (45⁰ is normal) Abduction (45⁰ is normal) Adduction (0⁰ is normal) Comment §4.71a Rating MEB (PT) – 22 weeks...
AF | PDBR | CY2012 | PD2012-00386
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 MEB NARSUM exam met the 40% rating criteria for “forward flexion of the thoracolumbar spine 30 degrees or less.” The VA exam was rated by the VA at 40%, without detailed rating decision explanation, and there were no details on the “weakened motion...
AF | PDBR | CY2012 | PD2012-00393
(2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service (i.e., chronic right ankle pain following ankle strain); or, when requested by the CI, those conditions “identified but not determined to be unfitting by the PEB”. The ratings for unfitting conditions will be reviewed in all cases. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation...
AF | PDBR | CY2012 | PD2012-00394
Knee ROM Flexion (140⁰ Normal) Extension (0⁰ Normal) Comment PT ~7 Mo. Symptoms included ankle popping (predominately right); shin pain knees pop and can swell; with “knees and ankles are stiff and weak and his legs can give out.” The examiner stated “He has generalized and multiple symptoms regarding the lower extremities and it is difficult to sort them out specifically on taking the history.” The examiner indicated there was no foot condition; there was bilateral shin pain and right...
AF | PDBR | CY2012 | PD2012-00402
The CI underwent the first MEB exam for bilateral lower leg pain. Alternative coding using the VA rating separating the tendinosis from the Morton neuroma disabilities was also considered reasonable, but would also raise the military- 3 PD1200402 specific issue of fitness when the NARSUM did not specify duty impairment from any mid, or distal foot condition. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation...
AF | PDBR | CY2012 | PD2012-00407
Left Knee Condition. Left Shoulder Condition. In the matter of the left shoulder rotator cuff tear condition, the Board unanimously recommends a disability rating of 10%, coded 5299-5201 IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00409
The back and stomach (interpreted as IBS and mild gastroparesis) 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 Service ratings for the unfitting right ankle condition. The VA C&P examination noted ongoing complaints of low back pain, mild scoliosis pain on ROM testing with loss of 5 degrees out of 240 degrees ROM and repetitive motion along with mild scoliosis on examination....
AF | PDBR | CY2012 | PD2012-00414
The PEB adjudicated the bilateral knee chondromalacia with bilateral knee pain condition as unfitting, rated 20%, with 10% assigned for each knee and with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). No actual Axis I mental health diagnosis was made and the examiner noted the CI no longer had any significant depressive symptoms at all. Although they used different VASRD codes, both the PEB and the VA rated each knee at 10% based on painful motion.
AF | PDBR | CY2012 | PD2012-00422
The PEB adjudicated the s/p mitral ring repair with post-operative atrial fibrillation on chronic anticoagulation and anti- arrhythmic therapy as unfitting and rated it 0%, with application of the Veterans 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.”...
AF | PDBR | CY2012 | PD2012-00429
The Physical Evaluation Board (PEB) adjudicated the non-radicular chronic LBP with L4/5 herniated disc and L5 Grade I spondylolisthesis conditions as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Post-Separation) – All Effective Date 20070816 Code Rating Condition Code Rating Exam 5299-5237 10% Spondylolisthesis of the Lumbar Spine 5239 0% 20080213 Condition Non-radicular Chronic Low Back Pain with L4/5 Herniated Disc and L5 Grade I...
AF | PDBR | CY2012 | PD2012-00435
The PEB adjudicated the chronic subjective neck pain condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Neck Condition. The 20% rating assigned by the VA was also appropriate given the limitation of flexion noted by the VA examiner.
AF | PDBR | CY2012 | PD2012-00442
Although the VA assumed the occurrence of five seizures during the year prior to the VA examination, this frequency was not deemed to average “at least 1 major seizure in 4 months over the last year,” and thus did not justify a 60% rating. In the matter of the generalized seizure disorder condition, the Board unanimously recommends a disability rating of 20%, coded 8910 IAW VASRD §4.124a. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment...
AF | PDBR | CY2012 | PD2012-00446
The PEB adjudicated the DM, Type 2 condition as unfitting, rated 20%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). 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. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation...
AF | PDBR | CY2012 | PD2012-00463
The migraine and cubital tunnel syndrome 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 chronic neck and upper back pain condition. The PT examination used in the NARSUM was performed 10 months prior to separation and only 3.5 months after the CI’s second surgical procedure to her neck. RECOMMENDATION: The Board, therefore, recommends that there be...
AF | PDBR | CY2012 | PD2012-00464
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 Combined: 10% that indicated 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) based on MOS performance limitations in evidence at separation. The MEB physical exam performed approximately 8 months prior to separation, noted scalp...
AF | PDBR | CY2012 | PD2012-00469
The CI was re-evaluated almost 14 months later and the PEB recommended removal of the CI from the TDRL with a permanent disability rating of 10%. The PEB initially utilized VASRD code 6602, asthma, and rated it 30% based on daily inhaled medications with normal PFTs and placed the CI on TDRL. 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: individual was separated by reason of...
AF | PDBR | CY2012 | PD2012-00470
Not Unfitting TBI, Screened, Not Unfitting Gynecomastia, Bilaterally Code 5237 5299-5237 Rating 10% 10% Not Unfitting Not Unfitting 7699-7628 0% 20080425 Rating 10% 10% 10% 10% Exam 20080425 20080425 20080425 20080425 Code 5237-5003 5237-5003 6100 6260 VA - (2 Mos. Post-Separation) Condition DDD, Cervical Spine, Mild DDD at L4-S1, Mild… Bilateral Sensorineural Hearing Loss Tinnitus, Bilateral No VA Entry Service RPEB – Dated 20071206 Condition Cervical Spine Strain Lumbosacral...
AF | PDBR | CY2012 | PD2012-00473
The PEB adjudicated the chronic bilateral neck and shoulder pain as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Neck pain. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation: VASRD CODE RATING 5241 COMBINED 20% 20% Chronic Bilateral Neck and Shoulder Pain UNFITTING CONDITION The following documentary evidence was...
AF | PDBR | CY2012 | PD2012-00475
The Physical Evaluation Board (PEB) adjudicated the right and left ankle conditions as unfitting, rated 10% and 10% respectively, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). RATING COMPARISON: 10% Code Sinus Ankle Rating Anterior 5299-5003 Service PEB – Dated 20020826 Condition R Impingement, Grade II L Ankle Subtalar Pain, Possible Tarsi Syndrome CAT III L5-S1 Radiculopathy Degenerative Disc Disease CAT III ↓No Additional MEB/PEB Entries↓ Combined:...
AF | PDBR | CY2012 | PD2012-00476
The MEB forwarded cervical spondylosis and neck pain to the Physical Evaluation Board (PEB) as medically unacceptable IAW SECNAVINST 1850.4E. The PEB adjudicated the cervical spondylosis condition as unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). Pre-Separation) – All Effective Date 20020323 Condition Cervical DDD and Spondylosis, C5-6 No VA Entry Not Service-Connected x 1 Combined:...
AF | PDBR | CY2012 | PD2012-00481
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. Chronic Left Wrist Pain Condition . At the VA exam performed on 27 July 2005, 28 months after separation, the CI stated he had not been seen for the condition since he separated from the service, and was not taking medication for it.
AF | PDBR | CY2012 | PD2012-00484
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200484 SEPARATION DATE: 20040831 BOARD DATE: 20130116 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty 1LT/O‐2 (31A/Military Police) medically separated for fibromyalgia. The CI accepted the FPEB findings and was medically separated with a 20% disability rating. 2 PD1200484 RECOMMENDATION:...
AF | PDBR | CY2012 | PD2012-00487
The PEB adjudicated chronic pain, left hip, status post open reduction and internal fixation of femoral neck stress fracture as unfitting, rated 10% with cited 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 her prior medical separation: UNFITTING CONDITION Chronic Pain, Left Hip, Status Post Open Reduction and Internal Fixation of Femoral...
AF | PDBR | CY2012 | PD2012-00495
The Board also considered the residual effects of gastroesophageal surgery claimed as memory loss and any mental condition for which the VA assigned a 10% rating based on an evaluation in 2011, and which the CI contends warrants additional disability rating. In the matter of the residual effects of gastroesophageal surgery claimed as memory loss and any mental condition, the Board unanimously agrees that it cannot recommend a finding of unfit for additional rating at separation. Service...
AF | PDBR | CY2012 | PD2012-00496
The Physical Evaluation Board (PEB) adjudicated the left knee injury condition as unfitting, rated 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The PEB adjudicated a 0% rating based on full ROM without residual joint instability. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: Left Knee Injury s/p Anterior Cruciate Ligament...
AF | PDBR | CY2012 | PD2012-00499
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 non-cardiac chest pain condition is addressed below; as is the...
AF | PDBR | CY2012 | PD2012-00504
The MEB forwarded non-radicular neck pain with degenerative arthrosis at facets C7-T1 and T1-T2 to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. Neck Pain (non-radicular) Condition. IAW DoDI 6040.44, this Board must consider the appropriate rating for the CI’s back condition at separation based on the VASRD standards in effect at the time of separation (i.e. pre-2004 standards).
AF | PDBR | CY2012 | PD2012-00505
While the DES considers all of the member's medical conditions, Service IPEB – Dated 20030717 Condition Chronic Back Pain Code 5299-5295 Rating 10% VA Condition Herniated Discs L4, L5 with Arthritis and Scoliosis Not Service-Connected x 2 Combined: No rating assigned Rating *NSC compensation can only be offered for those medical conditions that cut short a member’s career, and then only to the degree of severity present at the time of final disposition. RECOMMENDATION: The Board, therefore,...
AF | PDBR | CY2012 | PD2012-00513
A facial neuralgia with migraine headaches condition was forwarded to the Physical Evaluation Board (PEB). The PEB adjudicated the facial neuralgia with migraine headaches condition as unfitting, rated 10%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The PEB and VA both adjudicated the facial pain condition under VASRD Code 8100, migraine, but at different rating levels, the PEB at 10% and the VA at 30%.
AF | PDBR | CY2012 | PD2012-00518
Ulcerative Colitis Condition. The Board concluded therefore that no separate disability rating could be recommended for this condition. 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 her prior medical separation: VASRD CODE RATING 7323 COMBINED 30% 30% UNFITTING CONDITION Ulcerative colitis The following...
AF | PDBR | CY2012 | PD2012-00522
He was issued a permanent L3 profile and referred for an MOS Medical Retention Board which recommended a Medical Evaluation Board (MEB). The MEB determined that the LBP failed retention standards and referred the case to the Physical Evaluation Board (PEB) for adjudication. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment Record XXXXXXXXXXXXXXXXX, DAF Director Physical Disability Board of Review MEMORANDUM FOR Commander, US Army Physical Disability...
AF | PDBR | CY2012 | PD2012-00523
All evidence to two Heat Strokes is in Military Medical Records. Even though I suffered two (2) Heat Strokes and was told I was being discharged for it, I do not receive any rating what so ever for it. Recurrent Heat Stroke with Rhabdomyolysis Condition .
AF | PDBR | CY2012 | PD2012-00527
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: NAVY SEPARATION DATE: 20040305 NAME: CASE NUMBER: PD1200527 BOARD DATE: 20121204 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty Petty Officer Second Class/E-5 (IT2/Information Systems Technician), medically separated for a left knee tibial plateau fracture. Condition Tibial Plateau Fracture Full-Thickness Skin and Subcutaneous...
AF | PDBR | CY2012 | PD2012-00530
Low Back Condition. 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 her prior medical separation: UNFITTING CONDITION Lumbar DDD VASRD CODE RATING 5293 COMBINED 40% 40% The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20120602, w/atchs Exhibit B. Service Treatment Record Exhibit...
AF | PDBR | CY2012 | PD2012-00532
PHYSICAL DISABILITY BOARD OF REVIEW The Board further notes the significant interval (>3 years) between the date of separation and the DVA evaluation. The initial PEB rating and the VA rating were under the code 5201 (limitation of motion).
AF | PDBR | CY2012 | PD2012-00533
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 20% for the chronic LBP condition coded 5292-5293 which includes limited motion, pain and sensory loss in the right lower extremity. Both MEB exams indicated pain with motion and the right hip X-ray demonstrated degenerative arthritis. 5 PD1200533 RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows; and,...
AF | PDBR | CY2012 | PD2012-00535
(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. Pre-Separation) – All Effective Date 20030301 Condition Rating Code Exam Code 8516 suboccipital duraplasty Chiari Service FPEB – Dated...
AF | PDBR | CY2012 | PD2012-00536
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20020702 NAME: XXXXXXXXXXXXXX CASE NUMBER: PD1200536 BOARD DATE: 20121030 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (91W/Medic) medically separated for a right ankle condition. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and...
AF | PDBR | CY2012 | PD2012-00539
The PEB adjudicated the right inguinal neuropathic pain condition as unfitting and rated it 10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). At the MEB exam performed approximately 7 months prior to separation, the CI reported “after nerve trans-section needed to get pain medications, Hernia repair and laparoscopic hernia repair, femoral nerve entrapment nerve transection.” The MEB physical exam noted “multiple scars right lower quadrant all well...
AF | PDBR | CY2012 | PD2012-00540
The 2003 Veteran Administration Schedule for Rating Disabilities (VASRD) coding and rating standards for the spine, which were in effect at the time of separation, were changed to the current §4.71a rating standards in 2004, and were identical to the 2003 VASRD standards used by the VA in its initial rating decision. Board members agreed that elements of the 20% rating were not present on any of the cited examinations and further noted that there was no evidence of “incapacitating episodes”...
AF | PDBR | CY2012 | PD2012-00541
The Board therefore recommends rating the headache and chronic neck pain conditions together as one unfitting condition as discussed below. The PEB’s 10% rating for neck pain with associated headaches under code 5299-5237 noted “thoracolumbar combined ROM 230 degrees.” At the C&P exam in July 2004, 5 month after separation, the CI reported intermittent, LBP without radiation. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and...
AF | PDBR | CY2012 | PD2012-00545
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW Code 5271 Exam STR BRANCH OF SERVICE: MARINE CORPS SEPARATION DATE: 20011231 NAME: XX CASE NUMBER: PD1200545 BOARD DATE: 20130201 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty L.Cpl./E-3 (9900/Recruit), medically separated for osteochondritis dissecans, left posteromedial talus, surgically treated twice. Both the PEB and VA rated the ankle at 10%,...
AF | PDBR | CY2012 | PD2012-00546
The MEB forwarded the LBP condition to the Physical Evaluation Board (PEB) as a medically unacceptable condition. Post‐Separation) – All Effective Date 20030328 Code Condition Chronic low back strain 5295 NO VA ENTRY until 20070321 VARD* Scar, Left Ear 7800 0% X 1 / Not Service‐Connected x 0 Combined: 20% Service IPEB – Dated 20030129 Condition Chronic low back pain Demyelinating…neuropathy Not Unfitting ↓No Addi(cid:415)onal MEB/PEB Entries↓ Combined: 10% *The VA granted service connection...