RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXX CASE: PD1200766 

BRANCH OF SERVICE: ARMY BOARD DATE: 20120319 

SEPARATION DATE: 20011031 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (68G/Aircraft Airframe Repairer) medically 
separated for left shoulder pain. The CI first injured his shoulder in 2000 at Air Assault School at 
Fort Drum, NY, when he suffered a dislocation. Despite treatment, the shoulder condition 
could not be adequately rehabilitated to meet the requirements of his Military Occupational 
Specialty (MOS) or physical fitness standards. He was therefore issued a permanent U3 profile 
and referred for a Medical Evaluation Board (MEB). The shoulder condition, characterized as 
“Left shoulder pain and instability” was forwarded to the Physical Evaluation Board (PEB) IAW 
AR 40-501. No other conditions were submitted by the MEB. The PEB adjudicated “Left 
shoulder pain and instability” as unfitting and rated 10%, referencing the US Army Physical 
Disability Agency (USAPDA) pain policy. The CI made no appeals and was medically separated 
with that disability rating. 

 

 

CI CONTENTION: “I believe my records were not located and I was never seen by a physician 
for evaluation. I have daily pain in my L shoulder and arm. I have trouble sitting at my 
computer for extended periods of time while at work or at home. I have to get up and move 
my arm and shoulder to relieve the pain. I also have trouble doing certain exercises. Some 
exercises cause sharp pain.” [sic] 

______________________________________________________________________________ 

 

SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, 
paragraph 5.e.(2). It is limited to those conditions determined by the PEB to be unfitting for 
continued military service and those conditions identified but not determined to be unfitting by 
the PEB when specifically requested by the CI. The rating for the unfitting left shoulder 
condition is addressed below. 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: 

 

Service PEB – Dated 20010816 

VA – No exam records 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Left Shoulder Pain and 
Instability… 

5099-5003 

10% 

Left Shoulder Condition 

Not Service Connected/Not 
Incurred/Caused by Service 

 DNS* 

No Additional MEB/PEB Entries 

Other x 1 

DNS 

Combined: 10% 

Combined: N/A 



*Did Not Show; CI failed to report for scheduled VA exam, no service treatment records were available for VA review. 

 

ANALYSIS SUMMARY: The Board acknowledges the CI’s assertions that records were not 
located and that he was never examined by a physician. It is noted for the record that the 
Board has neither the jurisdiction nor authority to scrutinize or render opinions in reference to 
the CI’s statements in the application regarding suspected Disability Evaluation System 
improprieties in care or in the processing of his case. 


Left Shoulder Condition. The CI sustained an injury to his left shoulder in June 2000 with 
subsequent episodes of shoulder dislocation. Magnetic resonance imaging (MRI)/Arthrogram 
revealed a tear of the cartilage rim of the shoulder joint. Corrective surgery was performed in 
November 2001. Postoperatively the CI suffered no further episodes of dislocation but 
continued with painful range-of-motion (ROM) of the shoulder. Additional surgery was 
recommended, but declined by the CI. On evaluation 5 February 2001, flexion of the shoulder 
was 110 and abduction 110 degrees. At the narrative summary (NARSUM) evaluation, 21 May 
2001, 5 months prior to separation, the CI was unable to raise his arm above shoulder level, 
recorded as approximately 90 degrees. On addendum to the NARSUM, requested by the PEB, 
and performed 3 months prior to separation, ROM exam of the left shoulder revealed flexion of 
132 and abduction of 140 degrees. No VA Compensation and Pension (C&P) exam was 
performed. The PEB rated the shoulder condition 10% code 5003 citing pain of motion. The VA 
adjudicated the condition to be NSC and not subject to rating. The Board agreed that the 
shoulder condition met the criteria for 10% rating IAW §4.59. The Board noted some variability 
in reported ROMs for the left shoulder condition in the record, but unanimously agreed the 
evaluation of 8 August 2001 was most consistent with the majority of antecedent evaluations 
and best reflected the shoulder condition at time of separation. The Board agreed that the 
shoulder condition was not compensable under ROM or instability codes and was unable to 
find any other VASRD codes for rating consideration. 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 adjudication for the left shoulder 
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. As discussed above, PEB 
reliance on the USAPDA pain policy (DoDI 1332.39) for rating left shoulder condition was 
operant in this case and the condition was adjudicated independently of that policy by the 
Board. In the matter of the left shoulder condition and IAW VASRD §4.71a, the Board 
unanimously recommends no change in the PEB adjudication. 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: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Condition 

5099-5003 

10% 

COMBINED 

10% 



 

 

 


The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120610, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 XXXXXXXXXXXXXXXXXXXXX, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

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

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for XXXXXXXXXXXXXXXXXX, AR20130006089 (PD201200766) 

 

 

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 XXXXXXXXXXXXXXXXXXX 

 Deputy Assistant Secretary 

 (Army Review Boards)