RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1101123 DATE OF PLACEMENT ON TDRL: 20041214
BOARD DATE: 20130108 DATE OF PERMANENT SEPARATION: 20060613
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SGT/E‐5, (73D/Accounting Specialist) medically
separated for a cervical spine condition. She had a history of neck pain with radicular
symptoms dating to 2003, without a distinct injury. She was diagnosed with disc disease and
underwent surgical intervention in 2004, with improvement of symptoms. She still suffered
residual impairments, however, which rendered her incapable of meeting the demands of her
Military Occupational Specialty (MOS). She was consequently issued a permanent U3 profile
and referred for a Medical Evaluation Board (MEB). The cervical spine condition was forwarded
to the Physical Evaluation Board (PEB) IAW AR 40‐501; and, no other conditions were submitted
by the MEB. The Informal PEB (IPEB) adjudicated the condition as unfitting, rated 30%, citing
criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD); and, the CI was
placed on the Temporary Disability Retired List (TDRL). After 18 months on TDRL, the condition
was considered to be stable but still unfitting. The IPEB at this time rated the cervical spine
condition at 20% under VASRD criteria; and, the CI was permanently separated, without appeal,
with that disability rating.
CI CONTENTION: The application does not elaborate any specific comments or requests.
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 cervical spine condition is
addressed below; and, no additional conditions are within the DoDI 6040.44 defined purview of
the Board. 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.
RATING COMPARISON:
Final Service PEB ‐ 20060613
On TDRL ‐ 20041214
Condition
Neck Pain, S/P C4‐6
Diskectomy & Fusion
Code
5243 (TDRL)
5241 (Final)
Rating
TDRL
30%
Sep.
20%
No Additional MEB/PEB Entries.
VA (~20 Mo. Prior to Adjudication Date*) – All Effective 20041214
Condition
Code
Rating
Exam
Surgical Residuals, Cervical Spine
Total Abdominal Hysterectomy
Lumbar Disc Disease
Adjustment Disorder/Depression
5241
7617
5243
9440
0% X 10 / Not Service Connected X 9
30%
50%
10%
10%
20040929
20061007
20040929
20040920
20040929
Combined: 30% → 20%
Combined: x0%
*Reflects VA rating exam 10 weeks prior to commencing TDRL; no VA rating evidence proximate to permanent separation.
ANALYSIS SUMMARY: The Board clarifies that its recommendations for permanent disability
rating in TDRL cases are dependent on the probative evidence for the date of final separation
(at the conclusion of TDRL). The clinical evidence rated by the VA at the time of temporary
retirement was >20 months before final separation; and, DoDI 6040.44 specifies a 12‐month
interval for special consideration to VA findings. Since there was no service or VA outpatient
evidence proximate to the date of permanent separation, the Board must rely heavily on the
TDRL revaluation of 26 April 2006 (7 weeks prior to final separation) to assess the degree of
disability relevant to permanent rating.
Cervical Spine Condition. The CI initially complained of pain in the left trapezial area after a
painting detail in 2001. This pain persisted and was reported to have worsened after a
hysterectomy performed in August 2003, now associated with right arm sensory symptoms and
subjective weakness. A cervical magnetic resonance imaging (MRI) performed afterwards
demonstrated C‐4/5 and C‐5/6 disc disease, but with lateralization of the latter to the opposite
side of the symptoms. A neurosurgical consultant in December 2003 documented a non‐
anatomic distribution of sensory symptoms and “emotional overlay” with strength testing; and,
a surgical decision was deferred. A subsequent electrodiagnostic study was “borderline
abnormal”, suggesting a right C6 radiculopathy; and, a follow‐up MRI noted worsening disc
disease (same levels and locations) with some cord and right C‐5/6 foraminal encroachment.
Despite the lack of correlation with symptoms, surgical intervention was recommended
because of the worsening objective findings; and, in March 2004 the CI underwent a bi‐level
(C4‐6) discectomy and fusion. A post‐operative note 3 months later documented “no neck pain
and no new extremity symptoms”; and, follow‐up imaging demonstrated good surgical results
and alignment. An addendum to the narrative summary (NARSUM) preceding TDRL placement
stated, “That [cervical] surgery was done just under 4 months ago and has made a great
difference in how she feels. At present she has no need for pain medication. Her strength in
the right arm and sensation have recovered.” The physical exam documented normal
neurological findings and the absence of spasm, but referenced the significantly limited ROM
findings charted below. These were the ROM findings cited by the PEB for the 30% TDRL rating.
A VA Compensation and Pension (C&P) exam was performed 4 months after the NARSUM, but
still preceding TDRL. Improving, but still significantly impaired, ROM was recorded as charted
below; and, served as the basis for the 30% VA rating. The absence of radicular symptoms and
normal neurologic findings were also documented by the VA examiner. Clinical entries through
the period of TDRL document a favorable course, with the exception of a temporary escalation
of symptoms with a lifting incident in early 2005. The final neurosurgical note releasing the CI
from care in April 2005 stated, “She is doing well. She is pleased with the results of surgery.
She has occasional neck ache, but certainly no pain and certainly no arm pain.” A physical
therapy (PT) note from the same period documented flexion limited by 50% (i.e., ~22 degrees).
The TDRL re‐evaluation preceding the CI’s permanent separation noted residual “soreness in
her neck and numbness in the fingers of both hands that is constant.” The physical exam noted
paraspinal tenderness without spasm, and “stocking glove” subjective sensory deficits of both
hands; but, 5/5 motor strength of all upper extremity muscle groups. The goniometric ROM
measurements from the TDRL evaluation (as well as the previously referenced MEB and VA
evaluations), which the Board weighed in arriving at its rating recommendations, are
summarized in the chart below.
Pre‐TDRL NARSUM
Pre‐TDRL VA C&P
TDRL NARSUM
20060426 (6 Wk. Pre‐Sep)
20040124
20040805
Cervical ROM
Flexion (45⁰ Normal)
Combined (340⁰)
§4.71a Rating
5⁰
105⁰
30%
15⁰
145⁰
30%
20⁰
155⁰
20%
2 PD11‐01123
It is incidentally noted that the CI suffered lumbar disc disease in addition to her cervical
condition. This followed a similar clinical course, and was likewise initially associated with a
radiculopathy. The lumbar condition was initially submitted for a MEB, along with the cervical
condition; but, improved considerably over the period during which the cervical symptoms
worsened. Outpatient notes document near resolution of the lumbar symptoms (without
surgical intervention); and, the lumbar condition was ultimately not submitted by the MEB.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB’s TDRL rating was IAW the VASRD §4.71a general spine formula for the ROM’s in evidence;
and, were correlated by the VA findings from the same period. Thus all members agreed that
the TDRL rating of 30% was appropriate. It is clear that the CI continued to suffer some
permanent pain and ROM limitation after her successful surgical intervention; but, it is likewise
clear that she was significantly improved at the conclusion of TDRL. Both the mid‐TDRL PT
evidence and the final TDRL ROM measurements are consistent with a §4.71a rating of 20%, as
conferred by the PEB at permanent separation. There is no evidence after TDRL placement
which supports a higher spine rating; and, there were no residual radicular findings which
would provide a basis for additional rating under a peripheral nerve code (note the absence of a
VA rating for neuropathy). The PEB’s coding transition from 5243 (intervertebral disc
syndrome) to 5241 (spinal fusion) is consistent with the clinical evolution of the condition.
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’s TDRL or permanent rating determinations for the cervical spine condition.
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 cervical spine condition and IAW VASRD §4.71a, the Board
unanimously recommends no change in the PEB adjudications for the period of temporary
retirement or permanently. There were no other conditions within the Board’s scope of review
for consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
RATING
UNFITTING CONDITION
Surgical Residuals, Cervical Disc Disease
VASRD CODE
5243‐5241
COMBINED
TDRL PERMANENT
30%
30%
20%
20%
3 PD11‐01123
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20111117, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veterans Affairs Treatment Record.
SFMR‐RB
XXXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXXX AR20130000864 (PD201101123)
I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD
PDBR) recommendation and record of proceedings pertaining to the subject individual. Under
the authority of Title 10, United States Code, section 1554a, I accept the Board’s
recommendation and hereby deny the individual’s application.
This decision is final. The individual concerned, counsel (if any), and any Members of Congress
who have shown interest in this application have been notified of this decision by mail.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD11‐01123
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