RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200349
SEPARATION DATE: 20020417
BOARD DATE: 20121119
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SSG/E‐6 (14J30/Early Warning System Operator),
medically separated for herniated nucleus pulposus (HNP) C5‐6, C6‐7, right shoulder
subacromial impingement syndrome and retropatellar pain syndrome (RPPS) left knee. Despite
conservative management including medications, physical therapy and duty limitations, the
neck, right shoulder and left knee conditions did not improve adequately to meet the physical
requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness standards.
He was issued a permanent U2/L3 profile and referred for a Medical Evaluation Board (MEB).
The MEB determined the cervical HNP at C5‐6 and C6‐7, right shoulder subacromial
impingement, chronic and left knee pain to be medically unacceptable and forwarded these
conditions to the Physical Evaluation Board (PEB). No other conditions were forwarded for PEB
adjudication. The PEB adjudicated the HNP C5‐6 and C6‐7, right shoulder subacromial
impingement syndrome and the RPPS left knee conditions as unfitting, rated 10%, 0% and 0%
respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD)
for the first two conditions and the US Army Physical Disability Agency (USAPDA) pain policy for
the knee. The CI made no appeals and was medically separated with a 10% disability rating.
CI CONTENTION: “The Medical Board proceedings dated 18 DEC 2001, and PEB proceedings
dated 15 JAN 02 both stated that my diagnosis of Cervical Herniated Nucleus Pulposus at C5‐C6
and C6‐C7, Right shoulder impingement syndrome, and left knee retropatellar pain syndrome
all listed on my physical profile limited me from performing my duties. The PEB proceedings
only rated my neck injury at 10%, however all three conditions prevented me. from performing
certain duties. According to my profiles over the years the shoulder injury (which occurred in
1995) resulted in me not being able to do pushups, and lift heavy objects (50lbs or less), the
neck problem (occurred in 2000) prevented me further from carrying heavy objects (20 lbs or
less), or from wearing a helmet. My knee injury (incurred in 1999) prevented me from running
and navigating rough or uneven surfaces. All of these things which occurred after my
participation in Operation Desert Shield/Storm contributed to my not being able to perform the
duties of my rank, yet only one condition was considered for disability. When I received the
results of the MED/PEDB boards I was told by personnel (S1) and my doctor (Ortho) that
"nobody wins appeals, and that I should just accept the recommendation and "take the money"
referring to the severance pay, otherwise I would probably be chaptered for not being able to
perform my job and would get nothing. The VA doctors using the same rating codes and same
examinations rated me as 30% as each of these disabilities contribute to my overall ability to
my overall ability to do the job. While discussing my records with a Veterans Affairs officer in
March 2012, he stated that I should send my records to this board as the laws have changed,
and I probably should have been medically retired, instead of medically discharged. In the
years since my discharge, the C5‐C6 C6‐C7 herniations have become much worse, and now
affect my balance, create dizziness, and numbness in all of my limbs, and my breathing, and I
am being evaluated for further disability”.
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. The herniated nucleus pulposus (HNP) C5‐
6, C6‐7, right shoulder subacromial impingement syndrome and RPPS left knee conditions,
which are the rated conditions and are requested for consideration meet the criteria prescribed
in DoDI 6040.44 for Board purview; and, are 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 PEB – Dated 20020115
VA (VARD Dtd 6 Days Post‐Separation) – All Effective Date 20020418
Condition
HNP C5‐6,C6‐7
R Shoulder Subacromial
Impingement Syndrome
RPPS Left Knee
Code
5299‐5295
5299‐5003
5009‐5003
Rating
10%
0%
0%
Condition
HNP, Cervical SpineC5‐6,C6‐7
Subacromial Impingement
Syndrome, R Shoulder
RPPS Left Knee
Code
5293
5299‐5203
5299‐5260
Rating
10%
10%
10%
Exam
STR
STR
STR
Combined: 10%
Combined: 30%
ANALYSIS SUMMARY:
Herniated Nucleus Pulposus C5‐6,C6‐7 Condition. The CI was first seen in 1997 for neck pain
when he was evaluated for a two day history of pain after “wrenching” his neck. He was
treated for cervical strain with apparent resolution. He was next seen on 25 January 2000 for
his right shoulder and noted to have paresthesias in the right C5 distribution. A magnetic
resonance imaging (MRI) exam performed on 17 February 2000 revealed a small right
paracentral disc bulge at C5‐6 with mild effacement of the right nerve root. He was noted to
have normal range‐of‐motion (ROM) of the cervical spine at a physical medicine evaluation on
24 May 2000. He was next seen on 29 May 2001 and reported an 8 year history of neck pain. A
compression test was negative for nerve root irritation and there was no tenderness to
palpation. Strength and reflexes were noted as normal. At the MEB examination performed on
16 August 2001, the CI reported central neck pain. The MEB physical examiner made no
comment on the neck. The narrative summary (NARSUM) was dictated on 18 September 2001,
7 months prior to separation. The CI reported that the pain came on suddenly and that it was
not secondary to trauma. On examination, he had a positive Spurling’s maneuver, indicative of
nerve root irritation, with decreased sensation in a C6 distribution. No comments were made
on strength, reflexes or atrophy. No incapacitating episodes were documented. There was one
goniometric ROM evaluation in evidence dated 14 February 2002. It showed flexion of 60
degrees, 15 degrees greater than normal, but the combined ROM was limited to 255 degrees,
85 degrees less than the 340 degree normal value. There was no VA Compensation and
Pension (C&P) exam. The Board directs attention to its rating recommendation based on the
above evidence. The PEB and VA both rated the condition at 10%, but chose different coding
options. The PEB used code 5299‐5295, analogous to lumbosacral strain, rating for pain on
motion whereas the VA utilized code 5293, intervertebral disc syndrome, and rated for mild
symptoms. The Board noted that neither code is still used and that the case was adjudicated
under the old spine rules. However, under the new spine rules, the ROM still would only
support a 10% rating. 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 neck condition.
Right Shoulder Subacromial Impingement Syndrome Condition. The CI was first seen for right
upper extremity pain in 1995 from doing pushups. He was found to have a winged scapula. An
electromyogram and nerve conduction velocity (EMG and NCV) examination was normal. A
2 PD1200349
neurologist later determined this to be probably a congenital condition. He was seen several
more times for the right shoulder in 1995 and also noted to have an impingement syndrome.
He was next seen on 29 December 1999 for recurrent pain. A second EMG performed on
25 January 2000 was positive for mild chronic denervation of the right serratus anterior muscle
thought to be consistent with an old palsy of the right long thoracic nerve. An MRI of the neck
was discussed above. At a 24 May 2000 appointment, the right scapular winging was noted
while doing pushups, but not with shoulder flexion or abduction. There are no further notes in
evidence until the CI entered the Disability Evaluation System (DES) process. At the MEB
examination on 16 August 2001, the CI reported right shoulder pain. The MEB physical
examiner noted the diagnoses of right shoulder impingement and winged scapula. The
narrative summary (NARSUM) was dictated on 18 September 2001, 7 months prior to
separation. The CI reported that the pain came on suddenly and that it was not secondary to
trauma. He was in chronic pain. On examination, he had positive signs of impingement (pain
with provocative maneuvers) with normal ROM. No comment was made on strength, reflexes
or atrophy. No incapacitating episodes were documented. The commander noted that he was
unable to do heavy lifting or climbing. The Board noted that the CI was given a U2 profile and
was restricted from lifting over 20 pounds. However, the Board also noted that the CI had first
had lifting restrictions issued when solely profiled for his left knee condition and that he
continued to be profiled for the knee until separation as L3. There was one goniometric ROM
evaluation in evidence dated 14 February 2002. All values were normal, but there was pain at
the end of motion. There was no C&P exam. The only X‐ray in evidence was from February
1995; it was normal. The Board directs attention to its rating recommendation based on the
above evidence. The PEB rated the condition at 0%, coding the condition analogously to
degenerative arthritis, 5299‐5003. The VA utilized code 5299‐5203, impairment of the scapula,
and rated the condition at 10%. The Board considered that the CI was issued a U2 profile, but
also that there is no record that he sought treatment for the shoulder the last two years on
active duty. The lifting restriction had been in place for the knee for several years.
Impingement syndrome
is a condition which typically responds well to conservative
management including medications, physical therapy and injections. While testing for
impingement was positive, the ROM was normal on multiple examinations and painful only at
the end of rotation. Weakness was not documented. X‐rays were normal. The Board
considered the applicability of VASRD §4.59 (painful motion). The intent of this paragraph is to
award the minimum compensable rating for functional impairment from pain. The record does
not support that shoulder pain resulted in a functional impairment in addition to that from the
neck and knee conditions. After due deliberation, considering all of the evidence and mindful
of VASRD §4.3 (reasonable doubt) and 4.40 (loss of function) the Board concluded that there
was insufficient cause to recommend a change in the PEB adjudication for the right shoulder
condition.
Retropatellar Pain Syndrome Left Knee Condition. The CI was first seen for anterior knee pain
on 21 December 2000. He complained of pain from climbing and running. On examination, he
had crepitus, but the examination was otherwise unremarkable and ROM normal. He was
referred to physical therapy for his knee pain and was noted to have resolving RPPS over the
course of the next 5 months. The ROM was documented as full on the initial appointment and
not documented thereafter. At the MEB examination on 16 August 2001, the CI reported left
knee pain for the past year. The MEB physical examiner noted the diagnosis of left knee RPPS.
The NARSUM dictated on 18 September 2001, 7 months prior to separation. The CI reported
that the pain had not responded well to treatment. On examination, he had positive
retropatellar grind with ROM measured at 135 degrees flexion, reduced five degrees from the
VA normal. The examiner did not comment if this was a limitation in motion for this individual.
Motion was not documented as painful. There was no effusion, joint line tenderness or
ligamentous laxity. No comment was made on strength, reflexes or atrophy. There had been
gastrocnemius atrophy present after an injury two years earlier on the physical therapy
examinations from one year prior to separation, though. No incapacitating episodes were
3 PD1200349
documented. The commander noted that he was unable to do heavy lifting or climbing. The
Board noted that the CI was given a L3 profile which restricted him from running and jumping.
There was no (C&P exam. No X‐rays were in evidence. The Board directs attention to its rating
recommendation based on the above evidence. The PEB coded the condition at 5099‐5003,
analogous to degenerative arthritis, and rated it at 0% using the USAPDA pain policy. The VA
coded the knee analogously to limitation in flexion, coded 5299‐5260, and rated it at 10%. The
Board noted that RPPS is treated as analogous to 5003 in the current VASRD. There were no X‐
rays in evidence. Examination of the knee was unremarkable other than the positive patellar
grind consistent with the RPPS diagnosis. The ROM was essentially normal on the NARSUM
examination and, when documented, normal on other examinations. Painful motion was not
documented. However, the Board noted the presence of the L3 profile and long standing duty
limitations for the knee condition as well as the continued treatment in the year prior to
separation. After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt) and 4.59 (painful motion) the Board recommends a disability rating of 10%
for the left knee 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. As discussed above, PEB
reliance the left knee was operant in this case and the condition was adjudicated independently
of that policy by the Board. In the matter of the neck and shoulder conditions and IAW VASRD
§4.71a, the Board unanimously recommends no change in the PEB adjudication. In the matter
of the left knee condition, the Board unanimously recommends a disability rating of 10%, coded
5299‐5003 IAW VASRD §4.71a. There were no other conditions within the Board’s scope of
review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
VASRD CODE RATING
5299‐5295
5299‐5003
5099‐5003
COMBINED
10%
0%
10%
20%
UNFITTING CONDITION
HNP C5‐6, C6‐7 Without Neural Impingement or Radiculopathy
Right Shoulder Subacromial Impingement
Retropatellar Pain Syndrome Left Knee
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120411, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200349
SFMR‐RB
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 XXXXXXXXXXXX, AR20130000268 (PD201200349)
1. 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 to modify the individual’s disability rating to 20% without recharacterization
of the individual’s separation. This decision is final.
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.
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200349
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