RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200586 SEPARATION DATE: 20060711 

BOARD DATE: 20130220 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SGT/E-5 (11B, Infantryman) medically separated for 
chronic neck pain. He was treated, but did not improve adequately to fully perform his military 
duties or meet physical fitness standards. He was issued a permanent profile and underwent a 
Medical Evaluation Board (MEB). The MEB found his neck condition medically unacceptable 
IAW AR 40-501, and referred him to a Physical Evaluation Board (PEB). Six other conditions 
(lumbago, ulnar tunnel syndrome, right shoulder pain, right knee pain, hypertension, and 
history of staphylococcal skin infection) were all listed on DA Form 3947 as medically 
acceptable. The PEB found the CI unfit for military service due to chronic neck pain, and rated 
the condition 0%. The other six conditions were all found to be “not unfitting, and therefore 
not rated.” The CI accepted the PEB findings, and was medically separated with a 0% disability. 

 

 

CI’s CONTENTION: “Chronic pain that has persisted in neck since time of injury. Diminished 
ability to work with anything at or above head level, due to sharp intense pain.” 

 

 

SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44 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 unfitting neck condition (chronic neck pain, C5-C6 with mild central 
spinal stenosis and encroachment of right foraminal opening) meets the criteria prescribed in 
DoDI 6040.44, and is accordingly addressed below. No other conditions are within the Board’s 
purview. Any condition outside the Board’s defined scope of review may be eligible for future 
consideration by the Army Board for Correction of Military Records. 

 

 

RATING COMPARISON: 

 

Army PEB – Dated 20060525 

VA (2 mos. Pre -Separation) – All Effective 20060712 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Neck Pain 

5243 

0% 

Cervical Stenosis & Disc Disease 

5242** 

0%** 

20060428 

Lumbago 

Not Unfitting 

Thoracolumbar Spine Condition 

5237* 

(Deferred)* 

20060428 

Ulnar Tunnel Syndrome 

Not Unfitting 

Left Cubital Tunnel Syndrome 

8599-8515 

NSC 

20060428 

Right Shoulder Pain 

Not Unfitting 

Right Shoulder Condition 

5201 

NSC 

20060428 

Chronic Right Knee Pain 

Not Unfitting 

Right Knee Condition 

5260 

NSC 

20060428 

Hypertension 

Not Unfitting 

Hypertension 

7101 

10% 

20060428 

History of Skin Infection 

Not Unfitting 

Residual Scar, Left Flank Area 

7804 

0% 

20060428 

.No Additional MEB/PEB Entries. 

 

20060428 

Combined: 0% 

Combined: 10% 



 *Thoracolumbar spine condition (5237) was rated 10% by a subsequent VA Rating Decision (VARD) dated 20071123 

 ** VA rating for cervical spine (5242) was later increased to 10% by a subsequent VARD dated 20080815 

 

 


ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed by the CI regarding 
the impairment with which his condition continues to burden him, and the significant impact it 
has had on his quality of life. It is noted for the record that the Board is subject to the same 
laws for Service disability entitlements as those under which the Disability Evaluation System 
(DES) operates. The DES has neither the role nor the authority to compensate members for 
future severity or potential complications of conditions. That role and authority is granted to 
the Department of Veterans Affairs (DVA). The Board evaluates DVA evidence in arriving at its 
recommendations, but its authority resides in evaluating the fairness of DES fitness and rating 
determinations at the time of separation. While the DES considers all of the CI's medical 
conditions, compensation can only be offered for those conditions that cut short a member’s 
career, and then only to the degree of severity present at the time of separation. The DVA, 
however, is empowered to compensate for service-connected conditions and to periodically re-
evaluate said conditions for the purpose of adjusting the Veteran’s disability rating should the 
degree of impairment change over time. 

 

Chronic neck pain. The CI injured his neck in July 2005. Magnetic resonance imaging showed 
some abnormalities at multiple levels of the cervical spine. It was decided that he was not a 
surgical candidate. Several non-operative treatment strategies were tried. In spite of 
treatment, his neck pain persisted and an MEB was initiated. On 28 April 2006, the CI had a VA 
Compensation and Pension exam at VA Medical Center in Nashville. He reported that his neck 
pain was precipitated by exercise, prolonged standing, and prolonged sitting. On examination, 
the neck was normal in appearance and there was no tenderness to palpation. Muscle spasm 
was absent and muscle strength was normal. Range-of-motion (ROM) was measured and is 
summarized in the chart below. Eighteen days later, his MEB narrative summary was dictated 
on 16 May 2006. Cervical ROM was measured by physical therapy on 18 May 2006, and is 
summarized in the chart below. 

 

 

Cervical ROM 

MEB-PT ~2 Mo. Pre-Sep 

(20060518) 

VA C&P ~2 ½ Mo. Pre-Sep 

(20060428) 

Flexion (45° is normal) 

55° 

45° 

Combined (340° is normal) 

285° 

335° 

Comment 

Pain with motion 

No mention of painful motion 

§4.71a Rating 

10% 

10% 



 

The Board carefully examined all of the evidentiary information available. IAW VASRD §4.71a, a 
rating of 10% is appropriate when combined ROM of the cervical spine is greater than 170 
degrees, but not greater than 335 degrees. Therefore, both of the ROM exams meet VASRD 
criteria for a 10% rating. There was no evidence of ratable peripheral nerve impairment in this 
case. CI had normal muscle strength and no objective evidence of neurological deficit. After 
due deliberation, considering all of the evidence and mindful of VASRD §4.3 (Resolution of 
reasonable doubt), the Board recommends a disability rating of 10% for the chronic neck pain 
condition. It is appropriately coded 5238 and IAW VASRD §4.71a, meets criteria for the 10% 
rating level. 

 

 

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. In the matter of the 
chronic neck pain condition, the Board unanimously recommends a disability rating of 10%, 
coded 5238 IAW VASRD §4.71a. There were no other conditions within the Board’s scope of 
review for consideration. 

 


RECOMMENDATION: The Board, therefore, recommends that the CI’s prior determination be 
modified as follows, effective as of the date of his prior medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Chronic neck pain, with mild central spinal stenosis 

5238 

10% 

COMBINED 

10% 



 

 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120605, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 

for xxxxxxxxxxxxxxxxxxxxxxxxx, AR20130005371 (PD201200586) 

 

 

1. 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 to modify the individual’s disability rating to 10% 
without recharacterization of the individual’s separation. This decision is final. 

 

2. 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. 

 

3. I request that a copy of the corrections and any related correspondence be provided 
to the individual concerned, counsel (if any), any Members of Congress who have 
shown interest, and to the Army Review Boards Agency with a copy of this 
memorandum without enclosures. 

 

 BY ORDER OF THE SECRETARY OF THE ARMY: 

 

 

 

 

Encl xxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)