RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201004 SEPARATION DATE: 20040129 

BOARD DATE: 20130122 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty, SPC/E-4, (31F/Signal Switch Operator), medically 
separated for chronic low back pain (LBP) without radiculopathy. In 1997, the CI slipped in the 
shower landing on her back (tailbone) and has had pain ever since. She treated with non-
steroidal anti-inflammatory drugs and attempted physical therapy which only provided 
temporary relief. The CI was unable to meet the physical requirements of her Military 
Occupational Specialty (MOS). The profile allowed for an alternate aerobic event to satisfy 
physical fitness standards. She was issued a permanent L3 profile and referred for a Medical 
Evaluation Board (MEB). The MEB forwarded chronic LBP and no other conditions for Physical 
Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic LBP condition as 
unfitting, rated 10%, with application of the Veterans Affairs Schedule for Rating Disabilities 
(VASRD). The CI made no appeals, and was medically separated with a 10% disability rating. 

 

 

CI CONTENTION: “My mechanical low back pain has gotten worse and I now have 
radiculopathy in both lower extremities.” 

 

 

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 unfitting 
chronic LBP without radiculopathy condition meets the criteria prescribed in DoDI 6040.44 for 
Board purview, and is accordingly 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 IPEB – Dated 20031015 

VA (2 Mos. Post-Separation) – All Effective Date 20040130 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Low Back Pain … 

5237 

10% 

Low Back Pain w/LLE 
radiculopathy 

5237 

10% 

20040322 

.No Additional MEB/PEB Entries. 

0% X 0 / Not Service-Connected x 2 

20040322 

Combined: 10% 

Combined: 10% 



 

 

ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application 
regarding the significant impairment with which her service-aggravated condition continues to 
burden her. It is a fact, however, that the Disability Evaluation System has neither the role nor 
the authority to compensate members for anticipated future severity or potential 
complications of conditions resulting in medical separation. This role and authority is granted 


by Congress to the Department of Veterans Affairs (DVA). The DVA, operating under a different 
set of laws (Title 38, United States Code), is empowered to compensate 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 vary over time. The Board utilizes 
DVA evidence proximal to separation in arriving at its recommendations; and, DoDI 6040.44 
defines a 12-month interval for special consideration to post-separation evidence. The Board’s 
authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES fitness 
determinations and rating decisions for disability at the time of separation. Post-separation 
evidence therefore is probative only to the extent that it reasonably reflects the disability and 
fitness implications at the time of separation. 

 

“Chronic Low Back Pain Without “Radiculopathy” Condition. The narrative summary noted the 
CI sustained a fall in 1997 and had LBP ever since. She was treated with physical therapy 
including stretching exercise, transcutaneous electrical nerve stimulation units, and 
manipulation on and off for 2 years besides medications, including non-steroidal anti-
inflammatory medications, that provided minimal to no relief. In August 2001 she had 
unremarkable sacroiliac joint X-rays. She was seen at anesthesiology pain clinic in February 
2002, and sacroiliac joint pain was identified. By June 2002, an orthopedic surgery evaluation 
diagnosed sacral ileitis and mechanical LBP, with unremarkable lumbar spine X-Rays a few days 
later. The CI underwent negative bone scan in July 2003 and a magnetic resonance imaging 
showed facet hypertrophy bilaterally over L-4 and L-5 resulting in lateral disc narrowing without 
disc pathology. In July 2003, an orthopedic consult’s final conclusion was chronic LBP without 
etiology and she was referred for an MEB. She was issued a permanent L3 profile in September 
2003 and her commander stated in October 2003 that she could not meet the requirements of 
her physical fitness testing or perform her MOS. At the MEB exam, 5 months prior to 
separation, the CI reported chronic LBP. On the DD Form 2807, the interviewer noted she was 
not taking any medication, had no bowel or bladder changes and did not have a history of lower 
extremity weakness. The MEB physical exam noted the CI’s “back straight,” tenderness to 
palpation over L5-S1, slight pain on hyper-extension with otherwise full range-of-motion 
(ROM), and a negative straight leg test. Lumbar ROM were stated as forward flexion over 90 
degrees (normal 90 degrees) and L/R flexions over 35 degrees (normal 30 degrees). Her 
neurological exam was unremarkable with normal sensory, motor and reflex exams, and 
Waddell’s sign was positive for axial load. 

 

At the VA Compensation and Pension exam 2 months after separation, the CI reported she 
“now has continuous pain in the lower back and tailbone region,” continuous pain radiating 
into the left buttocks and intermittent numbness in the left leg when sitting for long periods. 
The examiner noted “no treatment for bed rest in the last year.” Exam revealed her back of 
normal contour, with “mild tenderness over L3-S1,” without sciatic notch tenderness or 
costovertebral angle tenderness. There were no measured ROM values recorded. Straight leg 
raising tests were recorded as normal as were lower extremity reflexes and sensory exam. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB coded 5237 (lumbosacral strain) and awarded 10% under the VASRD in effect at the time of 
separation. Likewise, the VA coded 5237 and awarded 10% for “constant pain” under the same 
VASRD edition, and included radiculopathy in their disability description. The Board opined 
that the PEB exam contained ROM data and had a higher probative value to the VASRD in effect 
at the time of separation. The record supported a 10% rating under code 5237 (lumbosacral 
strain), for localized tenderness, not resulting in abnormal gait, or abnormal spinal contour. 
The Board considered the coding options and could find no pathway under 5236 (Sacroiliac 
injury and weakness) or 5243 (Intervertebral disc syndrome with evidence of incapacitating 


episodes), to support any rating higher than the PEB’s 10% rating. There was no objective 
evidence of non-pain radiculopathy and the General Rating Formula for Diseases and Injuries of 
the Spine is with or without symptoms such as pain (whether or not it radiates), stiffness, or 
aching in the area of the spine affected by residuals of injury or disease. The PEB specified 
“without radiculopathy” and the VA included occasional numbness without abnormal exam 
findings in their lower back rating above. The Board determined there was no unfitting or 
compensable radiculopathy at the time of separation. The Board noted the CI’s condition did 
not rise to the level of 20% disability characterized by muscle spasm or guarding severe enough 
to result in an abnormal gait, or abnormal spinal contour such as scoliosis, reversed lordosis, or 
abnormal kyphosis. 

 

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 LBP without radiculopathy condition. The Board 
concluded therefore that this condition could not be recommended for additional disability 
rating. 

 

 

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 chronic LBP without radiculopathy condition and IAW 
VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication with no 
unfitting or compensable radiculopathy at the time of separation. 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 Low Back Pain Without Radiculopathy 

5237 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120611, 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 / xxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for xxxxxxxxxxxxxx, AR20130003898 (PD201201004) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards) 

 

CF: 

( ) DoD PDBR 

( ) DVA