RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20041010
NAME: XXXXXXXXXXXXX
CASE NUMBER: PD1200310
BOARD DATE: 20121205
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a SSG/E‐6 (88M, Light Wheel Vehicle Operator) medically separated
for chronic pain in his neck and left shoulder. He was treated, but did not respond adequately
to fully perform his military duties or meet physical fitness standards. He was issued a
permanent profile and underwent a Medical Evaluation Board (MEB). Chronic neck pain and
chronic left shoulder pain were both found medically unacceptable IAW AR 40‐501. The CI was
referred to a Physical Evaluation Board (PEB) for his two chronic pain conditions. No other
conditions were listed on the DA Form 3947. The PEB found both chronic pain conditions
unfitting, and rated them 10% each. The CI did not concur with the PEB findings, but he waived
a formal hearing and was medically separated with a 20% combined disability rating.
CI’s CONTENTION: “The VA rated me on a predischarge exam a combined rating of 60%. My
neck was rated at 20%, left shoulder 10%, then I was rated 10% for the left arm radiculopathy
caused by the left shoulder and 10% for Paralumbar Muscle Spasms.”
SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44, 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 two unfitting conditions (chronic neck pain & chronic left shoulder
pain) meet the criteria prescribed in DoDI 6040.44, and are accordingly addressed below.
Other conditions rated by the VA are not within the Board’s purview. Any condition outside the
Board’s defined scope of review may be eligible for future consideration by the Army Board for
the Correction of Military Records (BCMR).
RATING COMPARISON:
Army PEB – dated 20040728
VA (1 mo. Pre‐Separation) – All Effective 20041011
*VA ratings for Tinnitus and Right shoulder tendonitis were added later, by a VA Rating Decision dated 20060314
ANALYSIS SUMMARY:
Chronic neck pain. The CI was injured in August 2003 when he fell from a vehicle with full gear
on. Magnetic resonance imaging (MRI) of the spine showed a disc bulge (protrusion) at C6‐C7.
He was treated with injections and physical therapy (PT), but did not significantly improve so an
Condition
Neck pain
Left shoulder pain
Code
5237
5099‐5003
Rating
10%
10%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
Condition
Code
5243
Cervical spine condition (C6‐C7)
Left shoulder, anterior labral tear
Left arm radiculopathy
Paralumbar muscle spasms
Tinnitus
Right shoulder tendonitis
8515
5237
6260
5024
0% x 2 / Not Service‐Connected x 3
5299‐5203
Combined: 60%
Rating
20%
10%
10%
10%
10%*
10%*
Exam
20040916
20040916
20040916
20040916
20060113
20040916
20040916
MEB was initiated. The MEB clinical evaluation was on 23 June 2004, at Fort Drum, NY. At that
exam, he had a mildly positive Spurling maneuver to the left side. Deep tendon reflexes (DTRs)
and muscle strength in both arms was normal. One month later, his cervical range of motion
(ROM) was measured by PT (see chart below). On 16 September 2004, the CI had a VA
compensation and pension (C&P) examination, and cervical ROM was again measured. The
data from both ROM exams is summarized below.
MEB PT – 4 mo. Pre‐Sep
VA C&P – 1 mo. Pre‐Sep
Cervical ROM
Flexion (45⁰ is normal)
Combined (340⁰ is normal)
§4.71a Rating
(20040721)
55⁰
230⁰
10%
(20040916)
40⁰
205⁰
10%
The Army PEB and the VA chose different coding and rating options for the cervical spine. The
PEB used diagnostic code (DC) 5237 and rated it 10%. The VA chose DC 5243 and assigned a
rating of 20%, possibly confusing the neck condition with a thoracolumbar spine condition. The
Board carefully reviewed all evidentiary information available, and directs attention to its rating
recommendation based on the above evidence. After consideration of the cervical spine
examinations noted above, the Board determined that the September 2004 C&P exam had
greater probative value since it was conducted just one month prior to separation. Based on
the September 2004 C&P exam, and IAW the VA Schedule for Rating Disabilities (VASRD)
§4.71a, a rating of 10% is warranted due to forward flexion >30⁰ but not >40⁰; and, combined
cervical ROM >170⁰ but not >335⁰.
A higher rating of 20% would be warranted if forward flexion was not greater than 30⁰, or
combined cervical ROM was not greater than 170⁰. As noted above, the CI’s cervical ROM
exceeded those thresholds. Therefore, the evidence in the treatment record shows insufficient
justification for a rating greater than 10%. The Board then directed its attention to the matter
of cervical radiculopathy. Although the CI reported radicular symptoms, there was no objective
evidence of a ratable neurologic deficit. At the September 2004 C&P exam, just one month
prior to separation from service, there was no muscle atrophy, and basically normal physical
findings on exam. The examiner stated, “It does not appear to give him any physical
impairment.” The Board unanimously agreed that the radiculopathy was not unfitting at the
time of separation and therefore does not warrant consideration as a separately unfitting
condition. 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 neck pain.
Left shoulder pain. When the CI fell in August 2003, he also injured his left shoulder. MRI
showed a small nondisplaced tear of the anterior glenoid labrum. At his June 2004 MEB
evaluation, he reported pain in the left shoulder due to the labral tear. Examination of the left
shoulder showed 130⁰ of forward flexion and 120⁰ of abduction. Shoulder ROM was also
measured in July 2004 and September 2004. Results from these two later ROM exams are
summarized in the chart below.
Shoulder ROM
Flexion (0‐180⁰)
Abduction (0‐180⁰)
Comment
Left
117⁰
128⁰
with pain
MEB PT – 4 mo. Pre‐Sep
VA C&P – 1 mo. Pre‐Sep
(20040721)
(20040916)
Right
128⁰
140⁰
Left
175⁰
170⁰
slight tenderness
Right
170⁰
160⁰
§4.71a Rating
*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion)
10%*
10%*
2 PD1200310
Once again, the Board carefully reviewed all the evidence, and determined that the September
2004 C&P exam had greater probative value since it was conducted just one month prior to
separation. Using clinical data from the September 2004 C&P exam, his left shoulder was
essentially non‐compensable based on the VASRD §4.71a codes for loss of shoulder/arm
motion (5200 and 5201). However; IAW VASRD §4.40, §4.45, and §4.59, a 10% rating is
warranted when there is satisfactory evidence of functional limitation due to painful motion of
a major joint. There was no path to a rating higher than 10% for the left shoulder since there
was no documented evidence of motion limited to shoulder level. 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 left shoulder pain.
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 neck pain and IAW VASRD §4.71a, the Board
unanimously recommends no change in the PEB adjudication. In the matter of the chronic left
shoulder pain, the Board unanimously recommends no change in the PEB adjudication; IAW
VASRD §4.40, §4.45, §4.59, and §4.71a.
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
5237
5099‐5003
COMBINED
10%
10%
20%
Chronic neck pain
Chronic left shoulder pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120322, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
3 PD1200310
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXX, AR20120022697 (PD201200310)
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200310
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RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200586 SEPARATION DATE: 20060711 BOARD DATE: 20130220 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (11B, Infantryman) medically separated for chronic neck pain. Chronic neck pain. Therefore, both of the ROM exams meet VASRD criteria for a 10% rating.