RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: BRANCH OF SERVICE: AIR FORCE
CASE NUMBER: PD1000104 BOARD DATE: 20110128
SEPARATION DATE: 20060515
____________________________________________________________________________
__
SUMMARY OF CASE: Data extracted from the available evidence of record
reflects that this covered individual (CI) was a right-handed active duty
SSGT (Contracting Specialist, 6C051) medically separated from the Air Force
in 2006 after 11 years of service. The medical basis for the separation
was chronic right wrist pain. The CI developed right wrist pain in 1994
while training as a dental technician. She was eventually diagnosed with a
symptomatic dorsal wrist ganglion cyst which was excised in November 1995
and, again in September 1996. The CI was able to perform well within her
AFSC, however, she did not respond to treatment adequately enough to handle
a weapon or to deploy. Her inability to fire a weapon rendered her not
qualified for world-wide duty. She was issued a permanent U-4, L-4 profile
in March 2006 and was referred for Medical Evaluation Board (MEB)
processing for her right wrist condition. The L-4 portion of the profile
reflected temporary limitations due to right knee surgery performed in
January 2006. The right wrist was forwarded to the informal Physical
Evaluation Board (IPEB) on the AF Form 618 as medically unacceptable and no
other conditions appeared on the MEB Report. Additional conditions
included in the MEB narrative summary (NARSUM) and disability evaluation
system (DES) packet are discussed below, but were not forwarded for PEB
adjudication. The IPEB found the CI unfit for the right wrist condition,
with a disability rating of 10% IAW Department of Defense and Veterans
Affairs Schedule for Rating Disabilities (VASRD) guidelines. The CI made
no appeals, and was thus medically separated on 15 May 2006 with a
disability rating of 10%.
____________________________________________________________________________
__
CI CONTENTION: The CI states: “The pain in my wrist affects me every
day.” She contends for a higher rating on her wrist noting difficulty with
repetitive motions, typing, missed work, and difficulty finding work. She
additionally contends for PTSD [Post-Traumatic Stress Disorder], ovary
removal, asthma, chronic bronchitis and sinusitis.
____________________________________________________________________________
__
RATING COMPARISON:
|Service PEB – Dated 20060327 |VA (Pre sep and 5 Mo. after Sep) – All |
| |Effective 20060516 |
|Condition |Code |
|TOTAL Combined: 10% |TOTAL Combined (Includes Non-PEB |
| |Conditions): 50% |
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the
CI’s application regarding the significant impact that her service-incurred
condition has had on her current quality of life. It is a fact, however,
that the DES has neither the role nor the authority to compensate service
members for anticipated future severity or potential complications of
conditions resulting in medical separation. This role and authority is
granted by Congress to the Veterans Administration. The Board evaluates VA
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.
Right Wrist Condition: There were three range of motion (ROM) evaluations
in evidence which the Board weighed in arriving at its rating
recommendation. All of these exams are summarized in the chart below.
|Right Wrist |Separation Date: 20060515 |
|ROM |C&P - |MEB - |NARSUM - |C&P - |
| |20050124 |20050406 |20060209 |20061030 |
|Palmar flexion |0-70⁰ |⁰ |0-80⁰ |0-80⁰ |
|80⁰ | | | | |
|Ulnar deviation|0-40⁰ |⁰ |0-45⁰ |0-45⁰ |
|45⁰ | | | | |
|Radial |0-20⁰ |⁰ |0-20⁰ |0-20⁰ |
|deviation 20⁰ | | | | |
|Comments | | |Painful motion |Painful |
| | | | |motion |
|§4.71a Rating | | |10% |10% |
Chronic right wrist pain with activity was well documented in the service
record. Wrist radiographs taken in January 2005 were reported as normal.
The PEB and VA chose different coding options for the condition, but this
did not bear on the level of rating. The PEB chose 5299-5215, wrist,
limitation of motion; while the VA chose 5024, tenosynovitis, with
application of painful motion. Neither code is predominant, and both were
at 10% for painful motion. The CI had painful range of motion documented
on the NARSUM exam done three months prior to separation and on the VA post-
separation exam which did not approach ankylosis of the wrist or any
compensable limited motion without application of §4.59 (painful motion).
Comprehensive review of the record indicated that the CI did not meet the
criteria of VASRD §4.40 (functional loss) or §4.63 (Loss of use of hand)
given the consistent results from multiple pre- and post- separating wrist
and hand examinations. All evidence considered, there is not reasonable
doubt in the CI’s favor supporting recharacterization of the PEB
adjudication for the right wrist condition as 5299-5215 at 10%.
Contended Conditions (PTSD, Ovary Removal, Asthma, Chronic Bronchitis and
Sinusitis).
PTSD: The CI was treated for panic disorder, anxiety disorder, post-partum
adjustment disorder, depression and PTSD. She was diagnosed with PTSD in
1996 due to a traumatic event that occurred in 1990, at the age of 14. She
had some worsening of her anxiety and depression in 2006, related to an OSI
investigation. Despite these symptoms, she maintained her worldwide
mobility and no mental health profile was initiated. On the Commander’s
statement there was no mention of PTSD or any other mental health issues
affecting her performance. The CI’s profiles were S-1 and her performance
evaluations were all top block. There is also no mention of PTSD or mental
health concerns in the CI’s memorandum to the MEB. No link to fitness is
in evidence.
Left ovary removal and sex cord tumor removal: The CI underwent a left
adnexal cystectomy in February 1998 for removal of a benign sex cord tumor.
In March 2006, another left ovarian cyst was noted as an incidental
finding on a CT scan done for left flank pain and hematuria. At time of
discharge from the military, the CI had both of her ovaries and she did not
assert to the MEB that this condition was affecting her job performance.
In September 2009, three years after discharge from the military, the CI
underwent removal of her left ovary and tube. No link to fitness is in
evidence.
Chronic bronchitis, asthma and sinusitis: The CI did seek treatment on
occasion for symptoms of bronchitis, allergic rhinitis and sinusitis. She
asserts that these conditions likely resulted from unprotected exposure to
methyl methacrylate during her work as an Air Force dental technician.
These conditions did not impact her job performance and were not mentioned
in the CI memorandum or the Commander’s statement to the MEB. No link to
fitness is in evidence.
Neither the CI memorandum to the MEB nor the Commander’s statement
identified any conditions other than the right wrist. The only documented
physical limitations were those attributed to the adjudicated condition.
No link to fitness can be drawn for the other contended conditions. The
Board, therefore, has no reasonable basis for recommending any additional
unfitting conditions for separation rating.
Remaining Conditions: The medical conditions of migraine headaches and
right knee strain, noted in the VA rating decision, were identified in the
DES package and NARSUM. The CI had been placed on a temporary L-4 profile
following right knee arthroscopy in January 2006. At the post-operative
follow-up appointment three weeks later, orthopedic clinic notes indicate
that she had full extension of the right knee, was “essentially cured” and
“doing fine”. The permanent profile issued in March 2006 included the post-
operative knee limitations with an L-4 profile. However, because the right
knee limitations were temporary, this condition was not forwarded to the
MEB. At the post-separation C&P exam in October 2006, the CI’s right knee
had full range of motion, without instability. No link to fitness is in
evidence. The migraine headaches were not identified by the CI or her
Commander as resulting in any duty limitations. There is no link to
fitness in evidence. The Board has no reasonable basis for recommending
migraine headaches or right knee strain as additional unfitting conditions
for separation rating.
Other Conditions. The only additional conditions rated by the VA at 10% or
higher were low back strain and TMJ syndrome. However, they were not
documented in the DES packet. The Board does not have the authority under
DoDI 6040.44 to render fitness or rating recommendations for any conditions
not considered by the DES. Low back strain and TMJ syndrome conditions and
any other contended conditions not associated with the recommendations
already rendered by the Board remain eligible for consideration by the Air
Force Board for Correction of Military Records (AFBCMR).
____________________________________________________________________________
__
BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department
regulations or guidelines relied upon by the PEB will not be considered by
the Board to the extent they were inconsistent with the VASRD in effect at
the time of the adjudication. The Board did not surmise from the record or
PEB ruling in this case that any prerogatives outside the VASRD were
exercised. In the matter of the right wrist condition and IAW VASRD 4.71a,
the Board unanimously recommends no change in the PEB adjudication of 5299-
5215 at 10%. In the matter of the Post-Traumatic Stress Disorder, Ovary
Removal, Asthma, Chronic Bronchitis, and Sinusitis the Board unanimously
agrees that it cannot recommend any findings of unfit for additional rating
at separation. In the matter of the headaches and right knee conditions or
any other medical conditions eligible for Board consideration; the Board
unanimously agrees that it cannot recommend any findings of unfit for
additional rating at separation.
____________________________________________________________________________
__
RECOMMENDATION: The Board therefore recommends that there be no
recharacterization of the CI’s disability.
|UNFITTING CONDITION |VASRD CODE |RATING |
|Right Wrist, Tenosynovitis |5299-5215 |10% |
|COMBINED |10% |
____________________________________________________________________________
__
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20100109, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veterans Affairs Treatment Record.
Deputy Director
Physical
Disability Board of Review
SAF/MRB
1535 Command Drive, Suite E-302
Andrews AFB, MD 20762-7002
Reference your application submitted under the provisions of DoDI
6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2010-00104.
After careful consideration of your application and treatment
records, the Physical Disability Board of Review determined that the
rating assigned at the time of final disposition of your disability
evaluation system processing was appropriate. Accordingly, the Board
recommended no re-characterization or modification of your separation
with severance pay.
I have carefully reviewed the evidence of record and the
recommendation of the Board. I concur with that finding and their
conclusion that re-characterization of your separation is not warranted.
Accordingly, I accept their recommendation that your application be denied.
Sincerely
Director
Air Force Review Boards
Agency
Attachment:
Record of Proceedings
cc:
SAF/MRBR
AF | PDBR | CY2012 | PD2012-01109
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20031215 NAME:XXXXXXXXXXXXXX CASE NUMBER: PD1201109 BOARD DATE: 20130208 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (92G/Food Service Specialist), medically separated for chronic bilateral knee pain. (2) is limited to those conditions which were determined by the PEB to be specifically unfitting...
AF | PDBR | CY2011 | PD2011-01097
VA (20050523) – All Effective Date 20010704* Condition Posttraumatic Arthritis, Right Ankle Ganglion Cyst, Right Wrist Chronic Scapholunate Dissociation w/Instability, Right Wrist Chronic Scapholunate Dissociation…, Left Wrist Hypertension Excision, Nevus, Residual Scar… Not Service Connected No VA Entry Sinusitis Tonsillitis Paresthesias of Gingiva… Vitreous Floaters DDD, L5-S1; Schmorl’s...
AF | PDBR | CY2011 | PD2011-00128
The additional issue is that the Board’s permanent rating recommendation was §4.129 to be followed, would rest on the VA’s C&P evaluation which is already significantly probative to the Board’s separation rating recommendation. After due deliberation, considering all of the evidence, the Board recommends a separation rating of 10% for the left wrist condition. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows and that the discharge with...
AF | PDBR | CY2014 | PD-2014-00147
The bilateral wrist and ankle conditions, characterized as “wrist pain bilateral”, “right ankle pain”, and “bilateral, left ankle mild osteoarthritis” were forwarded to the Physical Evaluation Board (PEB) as not meeting retention standards IAW AR 40-501. Bilateral Wrist and Ankle Condition . Post-SepLeftRightLeftRight Dorsiflexion (20 Normal)15152020 Plantar Flexion (45)60604040 Comment Tender; R ankle mild osteoarthritis x-rayNegative DeLuca §4.71a Rating 0%10%?0%0%As noted above, the...
AF | PDBR | CY2012 | PD2012 00572
The chronic pain, right wrist status post (s/p) fracture and retropatellar pain syndrome (RPPS) bilateral knees conditions were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.ThePEBadjudicated chronic pain, right wrist and bilateral knees as unfitting, rated 10%,with cited application of the US Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals, and was medically separated. Other x 520030307 Combined: 10%...
AF | PDBR | CY2011 | PD2011-00478
The PEB adjudicated the left knee condition as unfitting, rated 0%, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Left knee Pain Condition . Service treatment records also do not show evidence to suggest MS symptoms were present prior to separation.
AF | PDBR | CY2012 | PD2012 01581
The left leg, lower backand right wristconditions, characterized as “ fibrous dysplasia of the left proximal tibia, Status Post (S/P) excision and biopsy of the tumor mass,” “ back pain, pain is mild to moderate intensity,increased with activities, and occasional frequency” and “ right wrist pain, possible carpal tunnel syndrome” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.The PEB adjudicated “ chronic pain to include...
AF | PDBR | CY2010 | PD2010-00031
The right shoulder injury as well as left knee pain, right wrist pain and foot pain were addressed in the narrative summary (NARSUM) and forwarded to the Physical Evaluation Board (PEB) on the DA Form 3947 as medically unacceptable IAW AR 40-501. Right Shoulder Condition . Right Shoulder Condition5003-520120% COMBINED20% ______________________________________________________________________________
AF | PDBR | CY2013 | PD2013 02112
Medical documentation in the few weeks after that incident recorded concussion and back pain radiating into the legs but made no mention of right wrist pain.Air evacuation medical documentation from March 2005 made no note of wrist injury or pain and an air evacuation medical progress note on 10 March 2005 noted he was able to carry his own bags without difficulty.The neurology examination on 15March 2005 noted a past history of elbow fracture and complaint of “right arm cracking.”On...
AF | PDBR | CY2014 | PD-2014-01884
The TDRL’s re-evaluation IPEB adjudicated the right wrist, right knee and left shoulder as a single unfitting condition, rated at 20%. However, the PEB combined the condition of the right hand with the right knee and left shoulder and rated the conditions under the pain policy. In the matter of the left rotator cuff and left shoulder pain condition and IAW VASRD §4.71a, the Board unanimously recommends a disability rating of 10%, coded 5099-5003 IAW VASRD §4.59 at both TDRL placement and...