BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020426
NAME: XXXXXXXXXXXXXX
CASE NUMBER: PD1200362
BOARD DATE: 20121204
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SFC/E‐7(71L4O/Administrative Supervisor) medically
separated for chronic, recurrent back pain and intermittent leg pain after history of back
injuries and L5/S1 partial discectomy. Despite extensive rehabilitation, 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 L3 profile and
referred for a Medical Evaluation Board (MEB). The MEB determined that recurrent lumbar
HNP (herniated nucleus pulposus) after partial discectomy did not meet retention standards
and referred the CI for a Physical Evaluation Board (PEB). Gastroesophageal reflux disorder
(GERD) and migraine headache conditions, identified in the rating chart below, were forwarded
by the MEB as not disqualifying (for retention). The PEB adjudicated recurrent back pain and
intermittent leg pain as a single unfitting condition, rated 20%, with probable application of the
US Army Physical Disability Agency (USAPDA) pain policy. The remaining conditions were not
addressed by the PEB. The CI made no appeals and was medically separated with a 20%
disability rating.
CI CONTENTION: “Since being separated from the service I have had to undergo further surgery
and continue to take prescribed medications for conditions for which I was separated for (sic).
Some conditions have become chronic.”
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. Based on the CI’s contention of
“conditions,” the Board determined that the GERD and migraine headaches were not within the
Board’s 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
Army Board for Correction of Military Records.
RATING COMPARISON:
VA (2 Mos. Pre ‐Separation) – All Effective Date 20020427
Service IPEB – Dated 20020124
Condition
Recurrent back pain &
intermittent leg pain
GERD*
HAs*
Rating
20%
Code
5293
Not disqualifying
Not disqualifying
Condition
Lumbar DDD & DJD
Residuals, Pelvic Injury
Hiatal Hernia w/ GERD
Migraine HAs
Code
5003‐5293
5299‐5294
7346
8100
Rating
40%
0%*
0%*
30%
Exam
20020308
20020308
20020308
20020308
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
0% X 2* / Not Service‐Connected x 0
Combined: 60%
*MEB noted as “not disqualifying;” conditions not addressed by PEB.
Thoracolumbar ROM
Degrees
Flexion (90 Normal)
Combined (240)
PT (for MEB) ~7 Mo. Pre‐Sep
VA C&P ~2 Mo. Pre‐Sep
75
205
Normal neurological
examination
45
195
No spasm or atrophy
10%
20%
Comment
§4.71a Rating Current
spine rules
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. While the DES considers all of the member's medical conditions,
compensation can only be offered for those medical conditions that cut short a member’s
career, and then only to the degree of severity present at the time of final disposition. 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 nor for conditions
determined to be service‐connected by the Department of Veterans Affairs (DVA) but not
determined to be unfitting by the PEB. However the DVA, operating under a different set of
laws (Title 38, United States Code), is empowered to compensate all service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should his degree of impairment vary over time. The Board’s role is
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to Veteran’s Affairs Schedule for Rating Disabilities (VASRD)
standards, based on severity at the time of separation.
Recurrent Back Pain and Intermittent Leg Pain Condition. There were two goniometric 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. The Board recognized that ROM measurements were not formally used in the VASRD at
the time of separation, but included the values for the rating discussion (below).
The CI had a history of low back pain (LBP) dating to 1992, 10 years prior to separation. He was
initially managed conservatively, but then underwent an L5‐S1 discectomy on 3 August 1998.
He initially did well post‐operatively, but developed right leg pain and recurrent LBP. Per the
MEB narrative summary (NARSUM), the CI met a MOS Medical Retention Board (MMRB) in
June 1998 and reclassification was recommended. A magnetic resonance imaging (MRI) exam
performed on 21 January 1999 was significant for an enhancing scar surrounding the left S1
nerve root, degenerative disc disease (DDD) at the L5‐S1 level and lumbar straightening
consistent with spasm. He was managed conservatively for his persistent pain, thought to be
secondary to scarring vice a recurrent herniated disc, and remained on “jump” status. He
injured himself in a parachute accident on 19 June 1999 when he suffered a pelvic fracture. He
healed, but was removed from airborne duties. He continued to have pain, but was able to
“soldier on” until May 2001 when he was given a permanent L3 profile and referred to MEB.
Both MRI and X‐rays were consistent with DDD at L5‐S1. The CI was seen on 9 August 2001 in
Physical Medicine and Rehabilitation (PM&R) and noted to have reduced ROM in extension,
decreased strength for plantar flexion and eversion at 4/5 and reduced sensation in a S1
distribution. Electrodiagnostic studies showed evidence of a S1 radiculopathy. A CT lumbar
myelogram on 19 September 2001 showed focal extrusion of disc material at L5‐S1 which
completely obliterated the left S1 nerve root. He was referred to neurosurgery and seen a
month later 12 October 2001. His leg pain had resolved and a straight leg raise (SLR), testing for
nerve root irritation, was negative. Surgery was not indicated. At the MEB examination on
10 October 2001, 6 months prior to separation, the CI reported continued LBP and tingling and
numbness in the left foot. The MEB physical examiner noted tenderness at L4‐S1 along the scar
line and both sacroiliac joints. The neurological examination including reflexes, sensation and
strength, was intact. A SLR was positive. The NARSUM was dictated on 7 December 2001, 4
months prior to separation. It referred back to the MEB examination for the physical findings.
2 PD 1200362
At the VA Compensation and Pension (C&P) exam performed on 8 March 2002, 6 weeks prior to
separation, the CI reported constant back pain which radiated down the back of the left leg. He
was unable to stand or sit for long periods of time, walk more than two miles or climb more
than two flights of stairs without difficulty. However, the examiner also noted that the CI could
“sustain heavy physical activities without immediate distress” and was without bowel or
bladder incontinence. On examination, he was noted to have normal gait and posture.
Sensation and strength were normal. Reflexes were normal other than the left ankle jerk (S1)
which was diminished. The Board noted that the reflex may not fully recover after surgery and
that this has no functional implications. The CI had degenerative disc and joint disease on
lumbar X‐rays. No spasm or atrophy was noted. The ROM is above. No episodes of
incapacitation were noted. The Board directs attention to its rating recommendation based on
the above evidence. The PEB coded the back condition as 5293, intervertebral disc syndrome,
and rated it at 20% for moderate recurring attacks. The VA coded the back condition analogous
to 5293, but rated it at 40% for a severe disability citing a marked limitation in motion, left leg
radiculopathy and decreased left ankle jerk. The Board noted that the code 5293 is no longer
used and that this case was adjudicated under the 2002 spine rules which have been
superseded. The Board must use the VASRD in effect at the time of separation, though. The
Board then considered the VA adjudication. As noted, the diminished left ankle jerk has no
functional implications and it is not uncommon for the diminished reflex to persist after surgery
even in the face of an otherwise full recovery. The left leg neuropathy was noted on
electrodiagnostic testing and examination over 8 months prior to separation. However, the
examinations by both the MEB and VA clinicians, both more proximate to separation, showed a
normal neurological examination, inconsistent with a significant radiculopathy. The ROM
testing was reduced. The current spine rules do utilize ROM measurements for rating purposes
and under the current VASRD, the limitation in flexion would warrant a 20% disability rating.
The Board determined that the disability in evidence would warrant no more than a moderate
disability under the 5293 coding option and that no other coding option would provide a more
favorable rating to the CI under either the old or new spine rules in the VASRD. 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 back 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 on the USAPDA pain policy for rating the back condition was probably operant in this
case and the condition was adjudicated independently of that policy by the Board. In the
matter of the back 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.
3 PD 1200362
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
History of back injuries and L5‐S1 partial discectomy
UNFITTING CONDITION
VASRD CODE RATING
5293
COMBINED
20%
20%
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
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
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
XXXXXXXXXXXX, AR20120022693 (PD201200362)
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
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD 1200362
5 PD 1200362
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