RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201451 SEPARATION DATE: 20030326 

BOARD DATE: 20130222 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty Soldier, PFC/E-3(77F/Petroleum Supply Specialist), 
medically separated for chronic mechanical low back pain (LBP). The CI was on leave in 
December 2001 over the Christmas holiday from basic training when she was involved in a 
snow tubing accident in Iowa, injuring her back. The CI did not improve adequately with 
treatment to meet the physical requirements of her Military Occupational Specialty (MOS), was 
issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB 
forwarded mechanical LBP as medically unacceptable IAW AR 40-501. The MEB forwarded no 
other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated chronic 
mechanical LBP as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for 
Rating Disabilities (VASRD) and Department of Defense Instruction (DoDI) 1332.39. The CI 
made no appeals, and was medically separated with a 10% disability rating. 

 

 

CI CONTENTION: The CI states: “The rating should be changed because of the severity of the 
injury and the short and long term affects that have had a major effect on the service member’s 
daily life and ability to obtain gainful employment.” 

 

 

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. 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 20030123 

VA (6 Mos. Post-Separation) – All Effective Date 20030327 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Intermittent Low 
Back Pain 

5299-5295 

10% 

Low Back Condition 

5237 

20% 

20030921 

.No Additional MEB/PEB Entries. 

0% X 0 / Not Service-Connected x 0 

20030921 

Combined: 10% 

Combined: 20% 



 

 

ANALYSIS SUMMARY: The Board wishes to clarify that it is subject to the same laws for 
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 anticipated future 
severity or potential complications of conditions resulting in medical separation. That role and 
authority is granted by Congress to the Department of Veterans Affairs (DVA), operating under 
a different set of laws (Title 38, United States Code). The Board evaluates DVA evidence 
proximal to separation in arriving at its recommendations, but its authority resides in evaluating 
the fairness of DES fitness decisions and rating for disability at the time of separation. 


Chronic Intermittent Low Back Pain. Service treatment records (STRs) indicated a history of 
chronic intermittent LBP beginning 31 December 2001, during basic training. The CI had X-rays 
of the pelvis which were normal. A March 2002 physical therapy encounter recorded a report 
of radiating pain. Approximately 7 months prior to separation orthopedic records recorded full 
range-of-motion (ROM) with normal reflexes, strength and sensations and absence of radicular 
symptoms. There was tenderness to palpation (TTP) in mid-back; no objective finding of 
spasms on examinations. A physical therapy note, 9 months prior to separation, recorded 
normal gait, and mild tenderness. Magnetic resonance imaging (MRI) on 18 June 2002, 
approximately 9 months prior to separation, demonstrated a L2/3 disc bulge with no evidence 
of nerve compression. The CI was evaluated by neurosurgery on 21 November 2002, 4 months 
prior to separation. On physical examination there was no spasm or tenderness. Flexion was 
recorded at 60 degrees with full extension and lateral bending. X-rays of lumbar spine revealed 
a “very questionable minimal old compression fracture of superior body of L3”; however, the 
MRI was negative. Surgery was noted not likely be of significant benefit. No muscle weakness, 
diminished sensation or asymmetrical reflexes are reported in the treatment records. Upon 
MEB/narrative summary (NARSUM) evaluation on 2 December 2002, 4 months prior to 
separation, back symptoms were noted to be persistent with no improvement after 
conservative treatment. Physical examination recorded no spasm, normal gait, negative 
straight leg raises (SLR), and reduced flexion of 60 degrees and full extension and lateral 
bending. Treatment records indicated CI was approximately 12 weeks pregnant at this time. At 
the VA Compensation and Pension (C&P) evaluation, performed on 21 September 2003, 6 
months after separation, the CI reported LBP/discomfort daily with pain sometimes shooting 
down the leg and back side to the knee. Pain was exacerbated if walking more than a mile, 
lifting greater than 20 pounds or running more than a half mile. On examination ROM included 
forward flexion, 60 degrees; extension, 20 degrees; with spasms of the lumbar spine. Motor, 
sensory and reflex sensory examinations were unremarkable. Gait and posture were not 
recorded. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated the condition 10% for pain on motion code 5295 (lumbosacral strain). The VA rated 
20% for limitation of forward flexion code 5237 (limitation of motion). In accordance with DoDI 
6040.44, the Board is required to recommend a rating IAW the VASRD in effect at the time of 
separation. Applicable diagnostic codes include: 5292 (limitation of lumbar spine motion); 
5293, (intervertebral disc syndrome), and 5295 (lumbosacral strain) The Board considered the 
rating under 5295, lumbosacral strain, and agreed there was characteristic pain on motion 
supporting the 10%. There is insufficient evidence to support the higher rating of 20% since 
there is no evidence of spasms occurring on extreme forward bending and no documented 
clinical evidence of spasms in any record prior to separation. The Board noted the VA chose to 
rate the condition under the new spine rules that went into effect after the CI was separated. 
The Board noted the reduced ROM for forward flexion on the C&P evaluation to be consistent 
with the findings of the MEB/NARSUM. The Board considered the code 5292 limitation of 
motion for rating the condition. After discussion, the Board agreed that the limitation of 
motion of the spine at the time of separation was reduced; however, the CI was pregnant, thus, 
the ROM elicited may have been temporally compromised. The Board agreed the ROM elicited 
during the orthopedic exam more accurately reflected her baseline ROM at the time of 
separation and was slight, supporting a rating of 10%. The Board considered rating under code 
5293, intervertebral disc syndrome. There was no evidence of ratable peripheral nerve 
impairment in this case, since no motor weakness was present and sensory symptoms had no 
functional implication. There was no evidence of incapacitating episodes for a higher rating 
under this code. The Board was unable to find any pathway to a higher rating under any 
applicable VASRD code. 

 


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 chronic back 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. 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 back 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 Mechanical Low Back Pain 

52992/5295 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120730, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxxxx, 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 xxxxxxxxxxxxxxxxxxxx, AR20130005508 (PD201201451) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)