RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXX CASE: PD1201279 

BRANCH OF SERVICE: ARMY BOARD DATE: 20130410 

SEPARATION DATE: 20030603 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an activated Guard SPC/E-4 (13E/Fire Direction Control) medically 
separated for chronic low back pain (LBP). The back condition began in 2001 and was treated 
conservatively and reportedly resolved. He reinjured his back while lifting a heavy box and 
reported pain radiating to the left lower extremity. The injury resulted in surgery but he 
continued to have pain during strenuous activities or heavy lifting. He could no longer tolerate 
Kevlar or perform other soldier duties due to back pain. The condition could not be adequately 
rehabilitated to meet the physical requirements of his Military Occupational Specialty (MOS) or 
satisfy physical fitness standards. He was issued a permanent L3 profile and referred for a 
Medical Evaluation Board (MEB). The LBP condition, characterized as “Lumbar spine: herniated 
nucleus pulposus, s/p disc surgery.” was forwarded to the Physical Evaluation Board (PEB) IAW 
AR 40-501. The MEB also identified and forwarded mild high frequency hearing loss for PEB 
adjudication. The Informal PEB (IPEB) adjudicated LBP as unfitting, rated 10%. The hearing loss 
was determined to be not unfitting, not rated. The CI made no appeals, and was medically 
separated with a 10% disability rating. 

 

 

CI CONTENTION: “I was treated for a ruptured disc compressing my S1 nerve root on the left 
side that I suffered during a training accident. I received a 10% disability rating from the Army 
which seemed quite low for my condition. Veterans Affairs has rated this same condition as 
40% disabling as well as Left Lower Extremity Radiculopathy at 10% which was caused during 
the same training accident.” 

 

 

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. Ratings for unfitting conditions will be reviewed 
in all cases. The Service rated, unfitting LBP condition meets the criteria prescribed in DoDI 
6040.44 for Board 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 Board for Correction of Military Records. 

 

 

 


RATING COMPARISON: 

 

Service Admin IPEB – Dated 20021212 

VA - (6 days Post-Separation) 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Low Back Pain 

5295 

10% 

S/P Laminectomy and 
Diskectomy L-5, S1 w/DDD 

5292 

40%* 

20030609 

LLE Radiculopathy Associated w/ 
S/P Laminectomy and 
Diskectomy L-5, S1 w/DDD 

8599-8520 

10% 

20030609 

Mild High Frequency 
Hearing loss 

Not Unfitting 

Bilateral High Frequency 
Hearing Loss 

Not Service Connected (NSC) 

No Additional MEB/PEB Entries 

Other x 1 

20030609 

Combined: 10% 

Combined: 50% 



Derived from VA Rating Decision (VARD) dated 20030627 (most proximate to date of separation [DOS]) 

*Increased to 100% from 20040413 and reduced back to 40% 20040701(VARD 20040428) 

 

ANALYSIS SUMMARY: 

 

Low Back Pain (LBP). In 2001, the CI complained of LBP associated with left leg pain. Magnetic 
resonance imaging (MRI) showed moderate, left-sided disc protrusion at L5-S1, compressing 
the left S1 nerve root. In December 2001, he underwent laminectomy and discectomy at L5-S1. 
After surgery he reported some improvement in his radicular symptoms. However, he 
continued to have problems with LBP, and an MEB was initiated. The MEB physical exam in 
September 2002, 9 months prior to separation. There was diffuse tenderness to palpation 
(TTP) of the lumbosacral spine, without palpable spasm or visible deformity. Straight leg raise 
(SLR) was negative. Deep tendon reflexes (DTRs) were normal on the right, but ankle jerk was 
absent on the left. Motor strength testing revealed mild weakness of left ankle dorsiflexion and 
plantar flexion. However, muscle strength overall was quite good. He was able to heel and toe 
walk without difficulty. Lumbar range-of-motion (ROM) was measured and is summarized in 
the chart below. 

 

In June 2003, 6 days after separation from service, the CI had a VA Compensation and Pension 
(C&P) exam. He was working as a corrections officer for the county sheriff. He reported 
difficulty with running, jumping, and stair-climbing. They physical exam of the back revealed 
some tenderness and paravertebral muscle spasm. The left ankle jerk reflex was absent. 
Muscle mass in the lower extremities was normal. Once again, ROM was measured and is 
summarized below. 

 

Lumbar ROM 

MEB ~ 8 mos. Pre-Sep 

(20021030) 

VA C&P ~ 6 days Post-Sep 

(20030609) 

Forward Flexion 

80° 

60° 

Extension 

25° 

30° 

Right Lat. Flexion 

30° 

25° 

Left Lat. Flexion 

30° 

25° 

Right Rotation 

35° 

25° 

Left Rotation 

35° 

25° 



 

The Board carefully reviewed all evidentiary information available, and directs attention to its 
rating recommendation based on the above evidence. The PEB coded the condition 5295 
(lumbosacral strain) and rated it 10%. The VA used diagnostic code 5292 and rated it 40%. The 
Veterans’ Administration Schedule for Rating Disabilities (VASRD) coding and rating standards 
for the spine, which were in effect at the time of the CI’s separation, were changed in 
September 2003. The older standards were based on the rater’s opinion regarding degree of 
severity, whereas current standards specify certain rating thresholds, with measured degrees of 


ROM impairment. IAW DoDI 6040.44, the Board must use the VASRD coding and rating 
standards which were in effect at the time of the CI’s separation from service. 

 

Based on the evidence in the treatment record, the Board unanimously agreed that the CI’s LBP 
condition was best described as “slight.” There was insufficient evidence in the treatment 
record to support classifying the LBP condition as “moderate” or “severe.” IAW VASRD §4.71a, 
the Board unanimously recommends a rating of 10% for the LBP condition. The Board tried to 
find a path to a higher rating using other codes which could be applied to the LBP condition. 
The other VASRD codes that were considered did not result in a rating higher than 10%, since 
the treatment record did not show evidence of a significantly disabling back abnormality which 
would justify a rating higher than 10%. 

 

The Board then considered the matter of lumbar radiculopathy. The VA exam was the exam 
most proximal to separation. On that examination, muscle mass was felt to be normal. After 
reviewing all of the information in the treatment record, there was insufficient evidence of a 
clinically significant neuropathy that interfered with satisfactory performance of military duties. 
Therefore, his radiculopathy condition was not unfitting at the time of separation from service. 
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable 
doubt), the Board found insufficient cause to recommend a change in the PEB adjudication for 
the LBP 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 LBP condition, the Board unanimously recommends no 
change in the PEB adjudication, IAW §4.71a of the VASRD that was in effect 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, following back injury 

5295 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120627, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Director of Operations 

 Physical Disability Board of Review 


 

SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

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

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for 
xxxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130009501 (PD201201279) 

 

 

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 xxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)