RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200993 SEPARATION DATE: 20080918 

BOARD DATE: 20130118 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was a National Guard SPC/E-4 (11B/Infantryman), medically separated 
for chronic right shoulder pain. CI had a history of right collar bone fracture self-reported on 
1998 induction physical. The CI re-injured his right shoulder in a June 2006 motor vehicle crash 
and again during physical training in June of 2007 while preparing for deployment. After a 
series of injections, physical therapy (PT), and surgery, the chronic right shoulder pain condition 
could not be adequately rehabilitated for the CI to meet the physical requirements of his 
Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a 
permanent U3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded 
chronic right shoulder pain status post shoulder surgery with osteoarthritis and posttraumatic 
stress disorder for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the 
chronic right shoulder pain condition as unfitting, rated 20%. The CI made no appeals, and was 
medically separated with a 20% disability rating. 

 

 

CI CONTENTION: “s/p Right Shoulder Arthroscopy. Subacromial decompression. No movement 
in right arm is a spur” 

 

 

SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in 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 ratings 
for unfitting conditions will be reviewed in all cases. The remaining conditions rated by the VA 
at separation and listed on the DD Form 294 are not within the Board’s purview. 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 IPEB – Dated 20080808 

VA (~12 Mos.Post-Separation) – All Effective Date 20080919 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Rt Shoulder Pain 

5099-5003 

20% 

Right Shoulder Injury 

5201 

10%* 

20090901 

.No Additional MEB/PEB Entries. 

Major Depressive Disorder 

9411-9434 

30% 

20090204 

0% X 2 / Not Service-Connected x 1 

20090901 

Combined: 20#% 

Combined: 30%** 



*changed to 5010 (degenerative joint disease) with a rating of 10% effective 20080919; Additional conditions added with 
increased rating from 20091023 VARD. **Overall combined rating increased to 50% effective 20080919 

 

 

 


ANALYSIS SUMMARY: 

 

Chronic Right Shoulder Pain Condition. There were two goniometric range-of-motion (ROM) 
evaluations in evidence, with documentation of additional ratable criteria, which the Board 
weighed in arriving at its rating recommendation; as summarized in the chart below. 

 

Right Shoulder ROM 

(Degrees) 

MEB NARSUM 

 ~4 Mos. Pre-Sep 

(20080502) 

VA C&P 

 ~12 Mos. Post-Sep 

(20090901) 

Flexion (180 normal) 

105 

160 

Abduction (180) 

105 

150 

Comments 

+Tenderness. 

+pain, weakness, 
endurance. 

+Tenderness 

+pain, fatigue, endurance, 

50 degree loss of abduction w/ repetition. 

§4.71a Rating 

10% (PEB 20%) 

10% 



 

The MEB narrative summary on 2 May 2008, 4 months prior to separation, noted the right-
handed CI injured the right shoulder doing pushups during PT in June 2007. He reported 
unsatisfactory results from shoulder injections and PT. He then had surgery in October 2007 
with distal clavicle resection and subacromial decompression. He could not recover enough to 
perform within his MOS. Examination revealed tenderness of the right shoulder along the 
distal third of the clavicle and anterior in the area of the acromion, lateral acromioclavicular 
joint, supraspinatus, anterior joint capsule, and region of the biceps tendon. ROM is noted in 
the chart. Additionally crepitus, and weakness, lack of endurance, and increased pain with 
recurrent motion was noted. At the VA Compensation and Pension exam on 1 September 
2009, 12 months after separation, the CI reported the condition initially occurred in a motor 
vehicle accident. He reported weakness, stiffness, locking, fatigability, deformity, tenderness 
and pain, daily flare ups precipitated by physical activity and stress, no incapacitation. The CI 
was not receiving any treatment for condition. The ROM is summarized above. During the 
examination, additional pain, fatigue, lack of endurance, and loss of 50 degrees of abduction 
after repetitive motion, were noted. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated the right shoulder 20% coded 5099-5003 (analogously to degenerative arthritis) citing 
impairment from pain, fatigue and weakness (permanent aggravation of existing prior to 
service condition without deduction). The VA adjudicated a 10% rating citing painful motion. 
The right shoulder ROM in both examinations was to the above shoulder level which did not 
meet the threshold for limitation of arm motion (5201). However, the PEB cited additional 
pain, fatigue and lack of endurance in its 20% rating. There was no dislocation, instability or 
malunion with deformity for rating under code 5202. A 10% rating would be supported under 
code 5203, impairment of clavicle or scapula. Functionally, the CI later reported to the VA that 
he went to work for a private security firm after he was discharged. There was no clinical 
and/or radiologic evidence that suggested ankylosis, loss of the humeral head, nonunion, 
malunion, fibrous union, deformity, nonunion or dislocation of the scapula, or recurrent 
dislocations of the humerus that would have justified any alternate shoulder code with higher 
rating potential. After due deliberation, considering all of the evidence and mindful of VASRD 
§4.3 (Resolution of reasonable doubt), the Board concluded that there was insufficient cause to 
recommend a change in the PEB adjudication for the chronic right shoulder pain 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. In the matter of the 
chronic right shoulder pain 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 

Chronic Right Shoulder Pain 

5099-5003 

20% 

COMBINED 

20% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120613, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 

 xxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

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 XXXXXXXXXXXXXXX, AR20130003907 (PD201200993) 

 

 

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 XXXXXXXXXXXXXXXX 

 Deputy Assistant Secretary 

 (Army Review Boards)