RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20080201
NAME: XXXXXXXXXXXXXX
CASE NUMBER: PD1200322
BOARD DATE: 20121207
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SGT/E‐5, (63B/All Wheel Mechanic), medically
separated for thoracolumbar back pain associated with a T11 compression fracture and chronic
right knee pain. While he was working on a vehicle in September 2005, the CI was hit in the
back by a transmission hanging from a chain lift and was knocked to the ground. He was able to
complete his deployment but his symptoms did not respond adequately to conservative
therapy and surgery was not indicated. The CI injured his right knee in basic training but
despite surgical repair of a lateral meniscal tear in 2004 and chondroplasty in 2006, he
continued to have pain and functional limitations. The CI did not improve adequately with
treatment to meet the physical requirements of his Military Occupational Specialty (MOS) or
satisfy physical fitness standards. He was issued a permanent P2L3S3 profile and referred for a
Medical Evaluation Board (MEB). Posttraumatic stress disorder (PTSD), hypercholesterolemia,
nasoseptal abnormality, identified in the rating chart below, were also identified and forwarded
by the MEB as conditions meeting retention standards. The Physical Evaluation Board (PEB)
adjudicated the thoracolumbar and right knee conditions as unfitting, rated 10% and 10%, with
application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The remaining
conditions were determined to be not unfitting and therefore not ratable. The CI made no
appeals, and was medically separated with a 20% combined disability rating.
After the CI separated, an administrative correction by the US Army Physical Disability Agency
(USAPDA) was completed due to changes mandated by NDAA 08. The USAPDA recommended
placement on the Temporary Disability Retired List (TDRL) with a 20% rating for the back pain
condition and a combined rating of 30% but the CI’s concurrence was required to process this
modification. The record indicates the while the CI did not respond and the modification for
TDRL 30% was not executed, other corrections were made.
CI CONTENTION: “I am requesting that the PDBR review my Army disability ratings for chronic
thoracolumbar back pain, associated with compression fracture of the T11 vertebrae (10%) and
chronic right knee pain due to meniscus degeneration evaluated as degenerative arthritis,
persisting after two arthroscopic procedures (10%). I wish to have my army service records
reviewed to determine if my current 20% rating is appropriate.”
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:
PDA Admin Correction – Dated 20090604
VA (4 Mos. Post‐Separation) – All Effective Date 20080202
Condition
Code
Rating
Condition
Code
Rating
Exam
Chronic Thoracolumbar Back
Pain with T11 Compression
Fracture
Chronic Right Knee Pain due to
Meniscus Degeneration and
status post Meniscus Repair x 2
Post‐Traumatic Stress Disorder
Hypercholesterolemia
Nasoseptal abnormality, status
post septoplasty
5299‐
5235
10%
10%
5099‐
5003
Not Unfitting
Not Unfitting
Not Unfitting
↓No Additional MEB/PEB Entries↓
Mild Degenerative Changes
with probable Compression
Fracture of T11 and Right
Lower Extremity Radiculopathy
5237
40%
20080530
Osteoarthritis, Right Knee
5019*
10%
20080530
Post‐Traumatic Stress Disorder
9411**
Not Service Connected
No VA Entry
Tinnitus
Left Knee Condition
Migraine Headaches
Obstructive Sleep Apnea
6260
5099‐
5019
8100
6847
10%
10%
30%
50%
20080619
20080530
20080530
20080530
Combined: 20%
0% X 2 / Not Service‐Connected x 2 others
Combined: 90% (Bilateral Factor 1.9%)
*Changed to 5019‐5261 and increased to 100% effective 20120523; decreased to 10% effective 20120901.
**PTSD added at 30% effective 20100506.
ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating
the fairness of Disability Evaluation System (DES) fitness determinations and rating decisions for
disability at the time of separation. The Board utilizes VA 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. Post‐separation evidence is probative only to the
extent that it reasonably reflects the disability and fitness implications at the time of
separation.
Chronic Thoracolumbar Back Pain with T11 Compression Fracture. There were two 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.
Thoracolumbar ROM
PT ~3.5 Months
Pre‐Separation
MEB ~3 Months
Pre‐Separation
Flexion (90⁰ Normal)
Ext (0‐30)
R Lat Flex (0‐30)
L Lat Flex 0‐30)
R Rotation (0‐30)
L Rotation (0‐30)
Combined (240⁰)
Comment
35°
10°
20° (22)
20° (21)
30° (29)
30°
145°
Measured with bubble
inclinometer with
values average of 3
trials. Three of 5 types
(3/11 signs) of Waddell
signs present:
superficial tenderness,
pain with axial loading,
dramatic facial
grimacing. Motor 4‐/5
in thoracolumbar
paraspinal, right quad,
adduction, and
Approximately 45⁰
Examiner refers to
formal range of
motion chart with 3
of 7 positive
Waddell signs,
possibly referring to
the PT exam in
column 1.
Tenderness of
lumbar spine; no
spasm or guarding;
painful motion. No
MEB
re‐evaluation
~2 Months
Pre‐Separation
60⁰
10° (8)
15⁰ (17)
20⁰
25° (27)
30⁰
160⁰
Measured with
a baseline
stainless
goniometer,
limitations due
to pain; 2 out of
8 Waddell signs
positive: axial
loading and
simulated
rotation.
Antalgic gait
favoring right
VA C&P ~4 Months
Post‐Separation
25⁰
15⁰
10⁰ (12)
10⁰ (12)
30⁰ (35)
20⁰
115⁰
Increased pain with repetition but
no additional decrease in ROM;
Straight leg raise lead to back
pain at 25 degrees on the right
and 35 degrees on the left; mild
tenderness to palpation at T6
T10‐11, and L4 to S1; no
paraspinal muscle spasm or
tenderness; gait initially normal
with knee brace, then slightly
antalgic favoring right knee;
neurologic examination normal
sensation, motor, and reflexes.
2 PD1200322
hamstring.
knee.
No mention of Waddell signs.
neurologic
examination.
20%
§4.71a Rating
20%
20%
40%
The MEB narrative summary (NARSUM) was completed in November 2007, approximately 3
months prior to separation. It reports the CI was injured while deployed to Iraq in September
2005 when a transmission swung and hit him in the back, knocking him down. A thoracic
compression fracture at T11 was documented on X‐rays. The CI completed his tour but
continued to have back pain. Magnetic resonance imaging (MRI) of the thoracic spine noted
the previous fracture and early spondylosis of the thoracic spine. An MRI of the lumbar spine
noted a minor posterior disc bulge at L4‐5 and L5‐S1 without evidence of disc herniation and
mild stenosis. Evaluation by neurosurgery in July 2007 stated that surgery was not indicated
and a neurologic evaluation noted a normal EMG and nerve conduction study in May 2007. The
NARSUM does not contain a full set of ROM measurements and the examiner refers to a formal
ROM report with three of seven positive Waddell signs. The outpatient note from October
2007 that includes the physical therapy (PT) ROM measurements is labeled as an MEB
evaluation. It includes the measurements above and states the reported values are each an
average of three measurements and were measured with a bubble inclinometer. This note also
reports one positive Waddell sign in three of the five types of Waddell signs. Each of the five
types has one to four possible signs and a total of eleven signs to evaluate are noted. It is
possible that the MEB NARSUM examiner was attempting to predict what the flexion would be
if a goniometer had been used as is required by the VASRD. This would explain why he noted
flexion of “approximately 45 degrees.” This examiner reported his own MEB re‐evaluation
ROM measurements made with a goniometer in an email in December 2007 and these are
included in the third column above. An MEB history and physical examination was completed
in September 2007 by this same MEB NARSUM examiner and it reported spinal flexion of 40
degrees. However, it also stated, “see formal ROM,” and did not specify if this measurement
was made with a goniometer.
A VA Compensation and Pension (C&P) exam was completed 4 months after separation and it
reported a similar clinical history as the NARSUM. At the time of this examination, the CI had
already enrolled at the VA and was receiving treatment for his back pain. The pertinent
physical findings are reported in the chart above. The examiner noted subjective evidence
consistent with a radiculopathy of the right lower extremity with pain as the only finding.
Although a later C&P examination performed in August 2010 noted decreased limitations of
ROM with flexion at 60 degrees, the VA continued the 40% through the latest VA rating
decision available for review dated 8 August 2012 because sustained improvement was not
established. However, no C&P examination warranted a rating less than 20%.
The Board directs attention to its rating recommendation based on the above evidence. In
December 2007, a PEB rated the back pain at 10% for pain‐limited range of motion. However,
as described above, the findings were later reviewed by the USAPDA due to new requirements
directed by National Defense Authorization Act (NDAA) of 2008. In September 2008, the
USAPDA notified the CI that they recommended placing him in a TDRL status. The review had
determined a rating of 20% rating for the back pain and 10% for the knee condition discussed
below as well as finding the injury occurred in a combat zone (10d). The CI’s concurrence was
required to do this. The CI was contacted regarding this change and he was given 3 weeks to
make a decision. He failed to respond and the USAPDA was then unsuccessful in contacting
him. The revised PEB proceedings recorded on a DA form 18 was completed in June 2009.
While the text in block 8b specifically stated the chronic thoracolumbar back condition was
rated at 20% for flexion of 45 degrees, a 10% rating was recorded in block 8g and a combined
rating of 20% was recorded in block 9. This form also stated, “This Admin correction reflects
changes in item 8b, and the addition of item 10d and supersedes DA form 199 pertaining to
your 7 Dec 07 informal PEB.” Thoracolumbar spine flexion greater than 30 degrees but not
3 PD1200322
greater than 60 degrees as measured by a goniometer warrants a 20% rating IAW the VASRD
General Rating Formula for Diseases and Injuries of the Spine. It appears there was an
administrative error made by the USAPDA when revising the proposed modification back to an
administrative correction when the CI did not respond. Without concurrence from the CI, the
USAPDA had to change the proposed rating from 20% back to 10%, but apparently did not
change the wording to correspond with the 10% rating as originally determined by the IPEB.
The VA rated the condition at 40% based the more significantly limited thoracolumbar flexion
of 25 degrees reported at the C&P examination. While the VA examination does support a
rating higher than 20%, this examination is inconsistent with all other examinations in the
record and appears to be a worsening of the condition over time. The Board was unable to
determine if the CI’s flexion became less than 30 degrees prior to separation without resorting
to speculation. At the VA examination occurred 4 months after separation and all the other
examinations occurred prior to separation, greater probative value is given to the service
examinations completed prior to separation. Upon review of the examinations, the Board
determined the ROM measurements from physical therapy in October 2007 cannot be used to
rate the CI’s condition. They were made using an inclinometer and estimates of goniometric
measurements cannot be estimated without
information about how these
measurements were obtained. The NARSUM examiner reported he used a goniometer to
obtain the measurements from MEB re‐evaluation 2 months prior to separation in December
2007. The Board places greater probative value on this examination as it is the examination
most proximate to the day of separation that includes measurements made with a goniometer.
It includes thoracolumbar flexion of 60 degrees. After due deliberation, considering all of the
evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability
rating of 20% for the chronic thoracolumbar back pain condition.
Chronic Right Knee Pain due to Meniscus Degeneration and status post Meniscus Repair. There
were two goniometric 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.
further
Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
PT
MEB
~3.5 Months
Pre‐Separation
~3 Months
Pre‐Separation
MEB re‐evaluation
~2 Months
Pre‐Separation
Right
130⁰
0⁰
Right
130⁰
0⁰
Left
140+⁰
0⁰
Right
130+⁰
10⁰
VA C&P ~4 Months
Post‐Separation
Left
125⁰
5⁰
No
pain
Right
125⁰ (pain at 85°)
5⁰
Pain with flexion
and extension,
increased pain
with repetition;
no changes in
ROM with repeat
testing.
10%
Goniometer used.
Extension limited by
mechanical endpoint;
pain with flexion and
extension; antalgic
gait favoring right
knee; positive
McMurray.
10%
Comment
Bubble
Inclinometer
used.
Limited by
mechanical
endpoint
§4.71a Rating
10%
The MEB NARSUM was completed in November 2007, approximately 3 months prior to
separation. The CI injured his right knee in basic training and an MRI in May 2004 documented
a tear in the posterior horn of the lateral meniscus as well as osteoarthritis. After arthroscopic
meniscal repair in May or June 2004 (operative report is not available but there was a pre‐op
visit on 12 May and a post‐op visit on 16 June 2004), the CI returned to duty but his symptoms
continued. He underwent a second arthroscopic surgery in June 2006 with chondroplasty of
the defects in both the lateral femoral condyle and a second area in the patellofemoral joint.
No meniscal tear was noted during this surgery or on a right knee arthrogram from October
4 PD1200322
2007. This arthrogram did note the previous partial lateral meniscectomy. The CI continued to
have right knee pain and this condition was included in the MEB evaluation. As described
above for the back ROM examinations, the NARSUM does not contain full ROM measurements
and refers to a formal report of ROM, presumable the exam by physical therapy. The
outpatient note from October 2007 that includes the physical therapy (PT) ROM measurements
is labeled as an MEB evaluation. It includes the measurements above and states the reported
values are each an average of three measurements and were measured with a bubble
inclinometer. An MEB history and physical examination was completed in September 2007 by
this same MEB NARSUM examiner and it reported right knee popping and grinding with flexion
and a ROM from 0 to 135 degrees.
The C&P exam completed 4 months after separation and it reported a similar clinical history as
the NARSUM. Additionally it notes several outpatient visits for right knee sprains and falls. An
injury in October 2007 was treated in the ER with crutches and a brace and an abnormal
examination was noted in orthopedics on 29 October 2007. This examiner noted tenderness on
palpation and an X‐ray showed mild joint fluid but no instability was present. The pertinent VA
examination findings are in the chart above. A VA orthopedic evaluation of the right knee in
December 2008, approximately 10 months after separation noted motion limited to 0 degrees
to 120 degrees with crepitus at the extremes of motion and pain with palpation of the medial
and lateral joint lines. No instability was noted and neurologic examination was normal. The CI
did later have a third surgery to his right knee but this did not occur until May 2012, more than
4 years after separation.
The Board directs attention to its rating recommendation based on the above evidence.
Although the PEB and the VA used different VASRD codes, both rated the right knee at 10% for
loss of motion at the noncompensable level. Although an inclinometer was used to measure
the right knee ROM in the PT exam, the difference in values of ROM measurements for the
knee as compared to measurements made using a goniometer would be much less than for the
back ROM. The Board notes that all examinations, including both the PT exam using the
inclinometer and the VA exam 4 months after separation are relatively similar and each exam
would result in the same 10% rating. Additionally although multiple rating schemes could be
appropriately used, none results in a rating greater than 10%. 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 right knee 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 thoracolumbar back pain condition, the Board
unanimously recommends a disability rating of 20%, coded 5299‐5235 IAW VASRD §4.71a. In
the matter of the chronic right knee 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.
5 PD1200322
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation:
VASRD CODE RATING
5299‐5235
5099‐5003
COMBINED
20%
10%
30%
UNFITTING CONDITION
Chronic Thoracolumbar Back Pain
Chronic Right Knee Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120502, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
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 XXXXXXXXXXXXXXXXXX, AR20130000025 (PD201200322)
1. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed
recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR)
pertaining to the individual named in the subject line above to recharacterize the individual’s
separation as a permanent disability retirement with the combined disability rating of 30%
effective the date of the individual’s original medical separation for disability with severance
pay.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum:
a. Providing a correction to the individual’s separation document showing that the
individual was separated by reason of permanent disability retirement effective the date of the
original medical separation for disability with severance pay.
b. Providing orders showing that the individual was retired with permanent disability
effective the date of the original medical separation for disability with severance pay.
6 PD1200322
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will
account for recoupment of severance pay, and payment of permanent retired pay at 30%
effective the date of the original medical separation for disability with severance pay.
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and
medical TRICARE retiree options.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
7 PD1200322
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RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXX CASE: PD-2013-01227BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20141104 SEPARATION DATE: 20041022 I have carefully reviewed the evidence of record and the recommendation of the Board.