RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXX
BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200366 SEPARATION DATE: 20030327
BOARD DATE: 20121211
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered
individual (CI) was an active duty SGT/E‐5 (91A20/Biomedical Maintenance
Technician), medically separated for chronic pain neck, patellar rated as constant, slight. The CI
had experienced neck and bilateral knee pain intermittently for over 4 years when the two
conditions began to worsen sometime in 2001. There was no injury or acute trauma to either
area that was identified as the cause of his pain. Over the year prior to separation, the CI’s
neck pain demanded the most medical attention including non‐steroidal anti‐inflammatory
medications and extensive physical therapy (PT). When the CI’s chronic neck and left knee pain
could not be adequately rehabilitated to meet the physical requirements of his Military
Occupational Specialty (MOS) or satisfy physical fitness standards, he was issued a permanent
L3/U3 profile duty and referred for a Medical Evaluation Board (MEB). The MEB forwarded
degenerative joint disease (DJD) of the neck, DJD secondary to a bipartite patella as unfitting
conditions for Physical Evaluation Board (PEB) adjudication along with the following medically
acceptable conditions: retropatellar knee pain, mild intermittent asthma, low back pain with
recurrent spasms, muscle contracting headaches with neck pain, left ear tinnitus and
intermittent radicular symptoms, as identified in the rating chart below. The PEB designated
the neck and knee conditions as; chronic pain neck, patellar, and adjudicated them together as
unfitting and rated for pain at 10%, with specified application of the US Army Physical Disability
Agency (USAPDA) pain policy. The remaining conditions were determined to be not unfitting
and therefore not rated. The CI made no appeals, and was medically separated with a 10%
disability rating.
CI CONTENTION: “During the MEB, the member was given a low rating and was medically
discharged only to receive a severance pay and no medical retirement. The member sustained
all injuries while on active duty. The member was given his disability rating on only one medical
injury instead of all injuries received during active duty.”
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 conditions retropatellar knee pain,
mild intermittent asthma, low back pain with recurrent spasms, muscle contracting headaches
with neck pain, left ear tinnitus and intermittent radicular symptoms as requested for
consideration meet the criteria prescribed in DoDI 6040.44 for Board purview; and, are
addressed below, in addition to a review of the ratings for the unfitting conditions. 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 IPEB – Dated 20021224
Condition
Code
Rating
Chronic Pain Neck, Patellar
5099‐5003
10%
Mild, Intermittent Asthma
Low Back Pain w/
Recurrent Spasms
Muscle Contracting
Headaches w/ Neck Pain
Lt Ear Tinnitus
Intermittent Radicular
Symptoms
Retropatellar Knee Pain
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
DJD C‐Spine
DJD Lt Knee
DJD Rt Knee
Lateral Instability Lt Knee
Bronchial Asthma
DJD L‐Spine
Chronic Muscle Tension
Headaches
Tinnitus
VA (4.5 Mos. Post‐Separation) – All Effective Date 20030328
Exam
Condition
Code
5242*
5260
5260
5257
6602
5242*
Rating
30%
10%
10%
20%
0%
20%*
20030813
20030813
20030813
20030813
20030813
20030813
8199‐8100
6260
10%
10%
20030813
20030813
NO VA ENTRY
0% x1
Combined: 70%
*VARD dated 20040106 penciled in VASRD code 5290 & 5292 for DJD C spine & L spine respectively. VASRD code 5242 did not
exist until the 38 CFR 7–1–04 Edition; DJD L‐Spine effective date 20030331
ANALYSIS SUMMARY: The Board acknowledges the CI’s contention that suggests ratings should
have been conferred for other conditions documented at the time of separation. 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. 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. However the Department of Veterans Affairs (DVA), operating under a
different set of laws (Title 38, United States Code), is empowered to compensate all service‐
connected conditions and to periodically reevaluate said conditions for the purpose of adjusting
the Veteran’s disability rating should his degree of impairment vary over time. The Board
utilizes DVA 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. The
Board’s authority as defined in DoDI 6040.44, however, resides in evaluating the fairness of DES
fitness determinations and rating decisions for disability at the time of separation. Post‐
separation evidence therefore is probative only to the extent that it reasonably reflects the
disability and fitness implications at the time of separation. We also note that the applicant
asks the Board for specific correction of records and specified consequential entitlements, “no
medical retirement.” By law the Board authority is limited to making recommendation on
correcting disability determinations. The actual correction of records and consequential
entitlement determinations is the responsibility of the applicable Secretary and accounting
service. The applicant's request will of course remain with the application as it is processed.
The Board will review all evidence at hand to assess the fairness of PEB rating determinations,
compared to VASRD standards, based on severity at the time of separation.
The PEB combined DJD of the neck and DJD secondary to a bipartite patella as a single unfitting
condition, coded analogously to 5003 and rated 10%. The PEB relied on the USAPDA pain policy
and did not apply separately compensable VASRD codes. The Board must apply separate codes
and ratings in its recommendations if compensable ratings for each condition are achieved IAW
VASRD §4.71a. If the Board judges that two or more separate ratings are warranted in such
cases, however, it must satisfy the requirement that each ‘unbundled’ condition was unfitting
in and of itself. Not uncommonly this approach by the PEB reflects its judgment that the
constellation of conditions was unfitting, and that there was no need for separate fitness
adjudications, not a judgment that each condition was independently unfitting. Thus the Board
must exercise the prerogative of separate fitness recommendations in this circumstance, with
2 PD1200366
the caveat that its recommendations may not produce a lower combined rating than that of the
PEB.
Neck Condition. The Board first considered if the chronic neck pain, having been de‐coupled
from the combined PEB adjudication, remained independently unfitting as established above.
The commander’s statement directly implicated neck pain as causing duty limitations and the
inability to participate in both Common Task Training and the alternate fitness test. It contains
the statement “…he is a highly motivated soldier with the desire and dedication of performing
his job as a 91A20 but does not possess the capability due to the physical requirements to
maintain his MOS.” The CI had an average of at least two medical visits a months for his neck
pain within the year prior to separation which was also noted in the commander’s statement as
the CI occasionally missed work due to these problems. All members agreed that the chronic
neck pain, as an isolated condition, would have rendered the CI incapable of continued service
within his MOS, and accordingly merits a separate service rating.
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.
NARSUM ~5 Mo. Pre‐Sep
VA C&P 4.5 Mo. Post‐Sep
VA Urgent Care Clinic
45⁰
20⁰
45⁰
45⁰
80⁰
80⁰
315⁰
10⁰
5⁰
15⁰
5⁰
100 (12⁰)
50 (4⁰)
50⁰
‐
‐
‐
‐
‐
‐
‐
Cervical ROM
Flex (45⁰ Normal)
Ext (0‐45)
R Lat Flex (0‐45)
L Lat Flex (0‐45)
R Rotation (0‐80)
L Rotation (0‐80)
COMBINED (340⁰)
Comment
7‐1‐02 Edition §4.71a
Rating
Current §4.71a Rating
Diffuse Neck Tenderness W/
Trigger Points
Neg‐ Spurling’s Test & Adsons
Maneuver
No Hoffman’s Sign
Normal Strength & Reflexes
0/4 Waddel’s
Pos. Painful Motion
+ Mild Paravertebral Muscle Spasm
Decreased DTRs Bilat. Arms
Depressed Pin Prick & Vibratory
Sense Bilat. Arms
Pos. Fatigability of C‐Spine on
Repetitive Motion
Neck: Tenderness at
C5 and C6. Good, But
Slow, Cervical ROM
Slight
10%*
Severe
30%
Slight
N/A
*IAW §4.59 Painful motion.
At the MEB exam prepared 6 months prior to separation, the CI noted “I get numbness in my
left arm every now and then” on the DD Form 2807‐1. The MEB physical exam noted “tender
cervical area.” The narrative summary (NARSUM) prepared almost 5 months prior to
separation noted that the CI presented to the Orthopedic Clinic with a 1‐2 year history of neck
pain. He had been evaluated in the past and was told that he had some disc bulging and DJD in
his neck. He stated that he was in constant pain at his neck. He rated the neck pain as 7/10.
He had no significant history of trauma and reported no history of fractures in his neck. He did
not have any surgical procedures on his neck. He stated that his major problem was that he
cannot perform activities related to the PT test because he could not walk or run the PT test
and he had a difficulty with sit ups because of his neck pain. He did state that he intermittently
got left arm pain. All significant physical examination findings are summarized in the cervical
ROM chart above. Magnetic resonance imaging (MRI) of the cervical spine was performed
approximately 6 months prior to separation and the impression was: (1) mild bilateral foraminal
narrowing at C6/7 due to osteophyte (2) minimal disc bulge C5/6. An electromyography (EMG)
and nerve conduction study of the left upper extremity was performed approximately 5 months
prior to separation and the conclusion was: “1. normal study. 2. No electrodiagnostic evidence
of denervation of sampled muscles on needle EMG, sample represents contributions from
nerve root levels C5 to T1. 3. No electrodiagnostic evidence of mono or polyneuropathy.”
3 PD1200366
At the VA Compensation and Pension (C&P) exam performed 4.5 months after separation, the
CI reported DJD involving the cervical spine with bilateral foraminal stenosis and with herniated
disk at C4‐5 with cervical radiculopathy involving both upper extremities. The CI stated that in
1998 he started having pain in the cervical spine and his pain started gradually and had gotten
worse. He gave no history of acute trauma to the cervical spine. This pain radiated down both
upper extremities with tingling and numbness of both upper extremities. He had pain on a
daily basis that lasted 1.5 days and sometimes longer and it interfered with his occupation and
daily activities. Because of the pain, he had a lack of endurance and chronic fatigue on a daily
basis. He took Motrin as needed and got minimal or no relief with that medication.
Subsequently, an MRI was done and he was diagnosed with DJD involving the cervical spine
with bilateral foraminal stenosis and a herniated disk at C4‐5. The CI had no surgery of the
cervical spine, just intensive medical treatment. All pertinent physical exam findings are
summarized in the cervical ROM chart above.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB “bundled” the chronic neck and knee pain together, coded analogously as 5099‐5003 and
rated them at 10% for pain specifically citing the USAPDA pain Policy. As noted in the analysis
summary section, this was common practice at the time however; this Board must apply
separate ratings if the “un‐bundled” condition was separately unfitting. The Board determined
that the CI’s neck pain was separately unfitting and the rating recommendation discussion will
follow below. Additionally, there was a significant change in the VASRD guidance concerning
rating disabilities of the spine during the time period the CI’s disability case was being
processed by the DES and VA. The Board is required to make its rating recommendation based
on VASRD guidance if effect at the time of separation. The VA applied VARSD code 5242, a
code that came into existence later in 2003, then penciled in code 5290; Spine, limitation of
motion of, cervical, on the VA rating decision document dated 6 January 2004. The VA rated
the neck disability at 30% utilizing guidance present in the “newer” 23 September 2003 VASRD.
That 30% rating was assigned based on a forward flexion of the cervical spine of 15 degrees or
less as the VA examination showed the ROM measurements as summarized in the chart above.
However, under the VASRD in effect at the time of separation, a 30% would also be assigned
based on a characterization of the limitation of motion as severe.
It is obvious that there is a clear disparity between these examinations, with very significant
implications regarding the Board's rating recommendation. The ROM values reported by the
VA examiner, 5 months after separation, are significantly worse than those reported by the
NARSUM dated 5 months before separation. The Board thus carefully evaluated these
conflicting evaluations, and reviewed the file for corroborating evidence. This review yielded
one subjective mention of the CI’s cervical ROM that occurred during a VA urgent care visit 7
months after the C&P examination and it stated, “Tenderness at C5 and C6. Good, but slow,
cervical ROM.” The ROM measurements in the C&P exam represent an 85% decrease in the
total ROM of the cervical spine and if still present 7 months later would not be qualified as
“good.” Considering the slightly abnormal NARSUM exam performed 5 months before
separation and the “Good, but slow, cervical ROM” comment made by a VA medical provider
12 months after separation, it is likely that the severely abnormal C&P examination performed
between these two exams was performed when significant muscle spasm was present, as was
documented on that exam. Additionally, review of the service treatment records (STR) reveals
that the CI experienced “good and bad days” based on the presence or absence of cervical
muscle spasm and paraspinal trigger points. These intermittent muscle spasms also correlated
with the CI’s upper extremity radicular symptoms that were also intermittently present. These
intermittent radicular symptoms did not result in any persistent, duty limiting functional
impairment and completely resolved when the muscle spasm was not present. Therefore, the
intermittent radicular symptoms were adjudged not to be separately unfitting and will be
evaluated in conjunction with the CI’s neck condition. In evaluating these somewhat conflicting
4 PD1200366
examinations, the NARSUM measurements are consistent with the diagnostic and clinical
pathology in evidence and with the exam performed 12 months after separation. The presence
of paravertebral cervical muscle spasm during the C&P examination accounts for the
progressively impaired ROM in the fairly short interval between the MEB and VA examinations.
As discussed earlier, the CI’s neck pain also had waxing and waning muscle spasms that, when
present, significantly increased his neck pain while likely also decreasing the ROM. The
presence of muscle spasm was documented on that exam. Each of these examinations was
performed equidistant from the date of separation, one before and the other after.
Recognizing that the CI’s level of neck disability was always consistent with “slight” and did
occasionally raise to the “severe” level, the Board will not assign preponderant probative value
to a specific examination but seek to recommend a disability rating that will most accurately
reflect the waxing & waning nature of the CI’s neck disability and the level of disability present
the majority of the time.
The 2002 Veterans Administration Schedule for Rating Disabilities (VASRD) coding and rating
standards for the spine, which were in effect at the time of separation, were modified on 23
September 2002 to add incapacitating episodes (5293 Intervertebral disc syndrome), and then
changed to the current §4.71a rating standards on 26 September 2003. The 2002 standards for
rating based on ROM impairment were subject to the rater’s opinion regarding degree of
severity, whereas the current standards specify rating thresholds in degrees of ROM
impairment. When older cases have goniometric measurements in evidence, the Board
reconciles (to the extent possible) its opinion regarding degree of severity for the older spine
codes and ratings with the objective thresholds specified in the current VASRD §4.71a general
rating formula for the spine. This promotes uniformity of its recommendations for different
cases from the same period and more conformity across dates of separation, without sacrificing
compliance with the DoDI 6040.44 requirement for rating IAW the VASRD in effect at the time
of separation. For the reader’s convenience, the 2002 rating code under discussion in this case
is excerpted below for later reference during conclusions regarding recommendation:
5290 Spine, limitation of motion of, cervical:
Severe ....................................... 30
Moderate .................................. 20
Slight ......................................... 10
Furthermore, the Board policy of reconciling recommendations under the older 5290 rating
schedule with current §4.71a based recommendations (when reasonable to do so) was
considered. The NARSUM exam documents ROM measurements that are non‐compensable
IAW Current §4.71a standards; however there was evidence of painful motion. As delineated in
the VASRD, IAW §4.59 Painful motion, the CI’s chronic painful neck is entitled to at least the
minimum compensable rating for the joint 10% in this case, which would be consistent with a
slight, 10%, rating IAW the rating standards in effect at the time of separation. The C&P
examination documented in the chart above is consistent with a severe, 30% rating IAW current
§4.71a standards and the rating standards in effect at the time of separation. As described
above, the waxing and waning nature of this condition over time would result in days with
slight, moderate, or severe limitation of motion. The Board determined that, more likely than
not, the CI had fewer days with either a moderate or severe limitation of motion of his neck
than days with a mild limitation of motion. There was no evidence of a ratable peripheral nerve
impairment or documentation of incapacitating episodes that would provide for additional or
higher rating. After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt), the Board recommends a disability rating of 10% for the chronic neck pain
condition.
Knee Condition. The Board first considered if the chronic knee pain having been de‐coupled
from the combined PEB adjudication remained independently unfitting and in addition, if each
knee independently was separately unfitting as the MEB and PEB documents were sufficiently
5 PD1200366
vague as to leave that in question for the Board. The NARSUM documents that one of the CI’s
major limitations was his inability to walk or run the PT test. Of the three core documents used
to garner information regarding fitness determinations, the physical profile, commander’s
statement and the NARSUM, two specifically mention the left knee while none mention the
right knee as causing duty limitations. The NARSUM specifically documents only left knee pain
as a chief complaint, along the CI’s neck pain as discussed above. The CI’s permanent L3 profile
prepared 3 months prior to separation annotates only the left knee pain as causing limitations
in the CI’s ability to perform the fitness test. The right knee was not mentioned in any of these
documents. All members agreed that only the left knee, as an isolated condition, would have
rendered the CI incapable of continued service within his MOS, and accordingly merits a
separate rating.
There were two 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.
Left Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
Comment
NARSUM ~5 Mo. Pre‐Sep
130⁰
0⁰
No varus/valgus laxity at 00 or 300
+ patellofemoral tenderness on
No effusion
patellar grind
No Lachman’s or Ant./Post Drawer
Normal McMurray’s
Painful motion well documented in STR
VA C&P 4.5 Mo. Post‐Sep
110⁰
00
Pain with Motion; + crepitation
2+ swelling
2+ Laxity w/ lateral instability
+ decrease ROM w/ repetitive motion
+ Mild gait abnormality w/ wt. bearing
7‐1‐02 Edition §4.71a Rating
Current §4.71a Rating
10%*
N/A
10%*
Code 5260 at 10%
Code 5257 at 20%
10%*
*IAW §4.59 Painful motion.
At the MEB exam prepared 6 months prior to separation, the CI noted, “I have arthritis in both
knees which swells up on occasion.” The MEB physical exam noted “+ facet pain both knees.”
The NARSUM prepared almost 5 months prior to separation noted that the CI presented to the
Orthopedic Clinic with a 1‐2 year history of left knee pain. He had been evaluated in the past
and was told that he had some DJD in his left knee. He stated that he was in constant pain due
to his left knee rated at 8/10. He had no significant history of trauma and reported no history
of fractures. He did not have any surgical procedures on his knees in the past. He stated that
his major problem was that he cannot perform activities related to the PT test because he could
not walk or run the PT test and he had a difficulty with sit ups because of his neck pain. All
significant physical examination findings are in the left knee ROM chart above.
At the C&P exam the CI reported DJD involving both knees with retropatellar pain syndrome of
both knees. The CI stated that in 1997, he started having pain in both knees. The pain started
gradually and has persisted. There was no history of acute trauma to the knees. He had been
treated medically for the knee pain and has had no surgical procedures to the knees. The pain
in both knees had worsened with daily pain that lasted 3 hours and sometimes all day. He had
increased pain in both knees with any kind of prolonged standing, prolonged walking and when
going up or down a flight of stairs. The pain interfered with his occupation and daily activities
and experiences a lack of endurance and chronic fatigue on a daily basis. He had swelling of the
knees and periodically, had giving out of the left knee. He takes Motrin and Tylenol extra
strength as needed. He got minimal or no relief with the medication prescribed. All pertinent
physical exam findings are summarized in the left knee ROM chart above. Plain film X‐ray
revealed the left knee showed bipartite patellar change without deformity of the articulating
6 PD1200366
surface of the patella. The patellofemoral joint is normal. The tibio‐femoral joint was also
normal in appearance. No fluid was seen. Although the primary report for the bilateral knee
MRI performed on 6 May 2004 was not present for review, a VA treatment note dated 22 July
2004 contains the following statement, “Patient informed of the normal MRI on the right knee
and was informed that the left knee showed degeneration of the posterior horn of the medial
meniscus.”
The Board directs attention to its rating recommendation based on the above evidence. The
PEB “bundled” the chronic neck and knee pain together, coded analogously as 5099‐5003 and
rated them at 10% for pain specifically citing the USAPDA pain Policy. As noted in the analysis
summary section, this was common practice at the time however; this Board must apply
separate ratings if the condition was separately unfitting. The CI’s left knee pain was
determined to be separately unfitting and the rating recommendation discussion will follow
below. The VA applied VASRD code 5260; Leg, limitation of flexion of, to each of the CI’s painful
knees and rated them each at 10% IAW with VASRD §4.59. The Board recognizes the
documented painful motion present in the CI’s left knee and IAW VASRD §4.14 Avoidance of
pyramiding, a separate rating for retropatellar knee pain cannot be considered. The NARSUM
evaluation of the CI’s left knee reveals non‐compensable ROM measurements, a knee without
any laxity on examination and tenderness to patellar grind. There is no specific mention of
painful motion in the NARSUM; however, the STR provides ample evidence for that conclusion.
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable
doubt), the Board recommends a disability rating of 10% for the chronic knee pain condition.
The left knee was additionally coded with 5257, knee, other impairment of: Recurrent
subluxation or lateral instability, and rated at 20%, moderate, by the VA. The C&P exam
findings documented in the left knee ROM chart above are significantly worse than those
documented in the NARSUM; with instability being the sole factor responsible for these poorer
findings. To determine the appropriate level of disability, the Board carefully reviewed the STR
for corroborating evidence in the 12‐month period prior to separation. This review yielded no
evidence of subluxation or instability complaints by the CI and no other exams showing knee
laxity. After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt), the Board concluded that the evidence available for review does not
support the presence of left knee instability prior to separation. Therefore, no additional rating
can be assigned.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
were retropatellar knee pain, mild intermittent asthma, low back pain with recurrent spasms,
muscle contracting headaches with neck pain, left ear tinnitus and intermittent radicular
symptoms. The Board’s first charge with respect to these conditions is an assessment of the
appropriateness of the PEB’s fitness adjudications. The Board’s threshold for countering fitness
determinations is higher than the VASRD §4.3 (reasonable doubt) standard used for its rating
recommendations, but remains adherent to the DoDI 6040.44 “fair and equitable” standard.
The intermittent radicular symptom condition was addressed in the neck condition section and
the retropatellar knee pain condition was addressed in the knee condition section above. The
CI’s low back pain had been intermittently profiled and was mentioned in the commander’s
statement along with the CI’s back condition but was not annotated in the permanent profile 4
months prior to separation. MRI examination of the lumbar spine was normal. The CI’s low
back with recurrent spasm condition was not judged to fail retention standards and was
considered by the Board. There was no indication from the record that the CI’s low back pain
significantly interfered with satisfactory duty performance. The mild intermittent asthma,
muscle contraction headaches and left eat tinnitus conditions were not profiled, implicated in
the commander’s statement or judged to fail retention standards. All were reviewed and
considered by the Board. There was no indication from the record that any of these conditions
significantly interfered with satisfactory duty performance.
7 PD1200366
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 chronic pain neck, patellar was operant in this
case and the condition was adjudicated independently of that policy by the Board. In the
matter of the chronic pain neck condition, the Board unanimously recommends a disability
rating of 10%, coded 5290 IAW VASRD §4.71a. In the matter of the chronic pain knee
condition, the Board unanimously recommends a disability rating of 10%, coded 5260 IAW
VASRD §4.71a. In the matter of the contended retropatellar knee pain, mild intermittent
asthma, low back pain with recurrent spasms, muscle contracting headaches with neck pain,
left ear tinnitus and intermittent radicular symptoms conditions, the Board unanimously
recommends no change from the PEB determinations as not unfitting. 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:
UNFITTING CONDITION
VASRD CODE
RATING
5290
5260
COMBINED
10%
10%
20%
Chronic Pain Neck
Chronic Pain Knee
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120416, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXX AR20130000148 (PD201200366)
8 PD1200366
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:
CF:
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
( ) DoD PDBR
( ) DVA
9 PD1200366
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Chronic Neck Pain Condition: The PEB determined this condition was unfitting but was also EPTS and not aggravated by service. Both prior service and service disability ratings are determined IAW the VASRD §4.3 (reasonable doubt) standard and the final disability percent rating is determined by deducting the prior service rating from the service rating. The C&P examination used to determine the 30% disability rating was based on an exam completed more than a year prior to separation and the...
AF | PDBR | CY2012 | PD-2012-01569
The CI was given several profiles for his neck. The CI did have minimal tenderness at the prior to separation neurological consultation and had slight tightness of the neck muscles at the MEB examination in addition to the positive MRI findings. A neurosurgical consult to the MEB on 26 March 2002 (10 months prior to separation) noted normal gait, normal ROM of the lumbar spine, and normal sensation, strength, and reflexes.
AF | PDBR | CY2012 | PD2012 01225
The neck and knee conditions, characterized as “chronic neck pain with evidence of spondylosis” and “chronic bilateral knee pain, retropatellar pain syndrome,” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.ThePEB adjudicated “chronic pain – neck and bilateral knees”as a single unfitting condition, rated 10%,referencing theUS Army Physical Disability Agency (USAPDA) pain policy.The CI made no appeals and was medically...
AF | PDBR | CY2013 | PD-2013-02797
The MEB forwarded “low back and cervical pain with evidence of cervical and lumbar disk disease…” to the Physical Evaluation Board (PEB) as not meeting retention standards IAW AR 40-501. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The eye condition was reviewed...
AF | PDBR | CY2011 | PD2011-01113
On examination, cervical spine ROM was consistent with the 15 November 2006 orthopedic examination (flexion 40 degrees, extension 30, left lateral bending 35, right lateral bending 40, left rotation 45, and right rotation 45) and was associated with painful motion. Post-Sep (20070724) 75 (75) 30 (30) 30 (30) 30 (30) 30 (45) 30 (45) 225 Painful motion, pain at 70 degrees flexion No muscle spasm Gait normal 10% Chronic Low Back Pain Condition. Right Knee Pain Condition.
AF | PDBR | CY2012 | PD2012-00473
The PEB adjudicated the chronic bilateral neck and shoulder pain as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Neck pain. 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 5241 COMBINED 20% 20% Chronic Bilateral Neck and Shoulder Pain UNFITTING CONDITION The following documentary evidence was...
AF | PDBR | CY2012 | PD2012-00070
The Physical Evaluation Board (PEB) adjudicated the chronic neck pain and right knee pain as unfitting, rated 10% and 0%, with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. Physical examination revealed a “slight antalgic gait complaining of neck and back pain.” Inspection of the spine was “grossly unremarkable.” Tenderness of the lower cervical region was present but muscle spasm was absent. Right Knee Pain .
AF | PDBR | CY2011 | PD2011-00865
The VA and PEB both rated the back pain condition 10%. Notably, on the chiropractic examination with near normal lumbar flexion, these signs were absent and this examination was consistent with the post-separation C&P examination as noted above. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition; and, therefore, no additional...
AF | PDBR | CY2011 | PD2011-00365
Degenerative joint disease of the cervical spine and mechanical low back pain were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable conditions IAW AR 40-501. The Board also noted that both the PEB and VA ratings were based on this exam, and that there was no subsequent VA data within the DoDI 6040.44 prescribed 12-month period in evidence. Other PEB Conditions .