RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20081018
NAME: XXXXXXXXXX
CASE NUMBER: PD1200369
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 (13F/Fire Support Specialist), medically
separated for chronic neck pain that began after a vehicle rollover in Afghanistan in March
2006; chronic upper back pain secondary to the same incident; and, anxiety disorder, not
otherwise specified, associated with possible cognitive disorder following deployment to
Afghanistan. The CI injured his back in a vehicle rollover while deployed to Afghanistan and his
neck and back pain began in March 2006. He continued his duty in pain for the remainder of
his deployment, and returned home in June of 2007. The CI was tried on various treatment
modalities but continued to have neck and back pain daily without improvement. While
deployed, the CI was very anxious and reportedly witnessed combat deaths. The CI self‐
referred to Combat Stress in November 2006 and he was diagnosed with anxiety disorder, not
otherwise specified (NOS). He was allowed to finish the deployment in a limited position after
reassignment to the forward operating base (FOB). After returning home in August 2007, he
was referred to Army Substance Abuse Program (ASAP) due to alcohol issues and he underwent
treatment for his mental health condition. The CI responded well to therapeutic interventions
and reduction of alcohol consumption but his illness continued to affect his ability to perform
military duties. The chronic neck pain that began after a vehicle rollover, chronic upper back
pain secondary to the same incident, and anxiety disorder NOS associated with possible
cognitive disorder conditions could not be adequately rehabilitated to meet the requirements
of his Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued
a permanent U3/S3 profile and referred for a Medical Evaluation Board (MEB). The left and
right shoulder pain, and alcohol abuse conditions identified in the rating chart below, were also
identified and forwarded by the MEB as meeting retention standards. The Physical Evaluation
Board (PEB) adjudicated the chronic neck pain that began after a vehicle rollover, chronic upper
back pain secondary to the same incident, and anxiety disorder NOS associated with possible
cognitive disorder conditions as unfitting, rated 10%, 10% and 0%, respectively, with application
of Department of Defense Instruction (DoDI) 1332.39, and the Veteran’s Affairs Schedule for
Rating Disabilities (VASRD). The left and right shoulder pain condition was determined to be
not unfitting; the alcohol abuse condition is not a physical disability and is not ratable per DoDI
1332.38. The CI made no appeals and was medically separated with a 20% disability rating.
CI CONTENTION: “I was discharged with a combined 20% rating from the Medical Board that
included a 0% rating for Anxiety Disorder. I believe this violates VA Schedule of Rating
Disabilities (VASRD) 4.129 which states that when a mental disorder that develops in service as
a result of a highly stressful event is severe enough to bring about the veterans release from
active military service, the rating agency shall assign an evaluation of not less than 50 percent
and schedule an examination within the six month period following the veterans discharge to
determine whether a change in evaluation is warranted. (Authority 38 USC 1155) DODI
1332.39 I was subsequently provided a 50% rating for PTSD from VA (see attached print out)
providing diagnostic code 9411, PTSD, 50% rating from 10/19/2008. I believe the board erred
in not providing the appropriate rating per VASRD and DODI 1332.39 and ask that consideration
be granted to changing my disability separation to Disability Retirement.”
Code
5237
5237
Service IPEB – Dated 20080805
Condition
Chronic Neck Pain
Chronic Upper Back Pain
Anxiety Disorder NOS
Associated with Possible
Cognitive Disorder
Left and Right Shoulder
Pain
9413
Rating
10%
10%
0%
Not unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Condition
Degenerative Disc Disease Cervical Spine
Degenerative Disc Disease Thoracic Spine
Post‐Traumatic Stress Disorder to include
Insomnia
Code
5237
5237
Rating
10%
10%
Exam
20081022
20081022
9411
50%
20081021
No VA Entry
Chondromalacia Right Knee
Pes Cavus
Tinnitus
Traumatic Brain Injury with Headaches
5099‐
5014
5278
6260
8045
10%
10%
10%*
10%
20081022
20081022
20081022
20081022
20081022
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 unfitting anxiety disorder condition, as
requested for consideration, meets the criteria prescribed in DoDI 6040.44 for Board purview
and is addressed below, in addition to the unfitting conditions of chronic neck pain and chronic
upper back pain. 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 (3 and 4 Days Post‐Separation) – All Effective Date 20081019
Combined: 20%
0% X 2 / Not Service‐Connected x 3
Combined: 80%** (Bilateral Factor 1.9)
*Original VARD of 20090203 deferred Tinnitus; combined rating was 70%. VARD of 20090324 added Tinnitus @ 10% and raised
the combined rating to 80%.
**Individual Unemployability effective 20090418
ANALYSIS SUMMARY: 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. The Board’s authority as defined in DoDI 6040.44, however, resides
in evaluating the fairness of Disability Evaluation System (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.
Anxiety Disorder, Not Otherwise Specified (NOS), Associated with Possible Cognitive Disorder
Condition. A psychiatric addendum to the MEB narrative summary (NARSUM) was completed
by a psychiatrist in May 2008. The CI was deployed to Afghanistan from February 2006 to June
2007 and earned a combat action ribbon. The addendum refers to mental health treatment
before, during, and after deployment but none of the records alluded to are available for the
Board to review. The CI had been very anxious prior to the deployment and he reported daily
alcohol use for the 6 months prior to deployment apparently as a self‐treatment. He reported
traumatic events occurred during his deployment and that he had sought care with combat
stress in November 2006. The CI was not redeployed early but he was reassigned to FOB
security and he reported “being away from the commotion helped him.” He was able to
complete his full deployment but began mental health treatment shortly after his return home.
He was treated for anxiety disorder NOS and for posttraumatic stress disorder (PTSD) and was
referred by psychiatry for alcohol abuse treatment in August 2007. He reported the therapy
had helped him gain control over his anger. He also reported that he had had some difficulty
with short‐term memory after returning home. At the time of the addendum, he noted his
2 PD 1200369
memory had been a lot better in the previous 3 months and he denied a persistent depressed
mood. He still had restless sleep, nightmares, and flashbacks of combat every now and then
and had lost interest in things that reminded him of Afghanistan, but he was interested in video
games and a new relationship with a girlfriend of 8 months. The addendum reports a progress
note from psychology in April 2008 indicated the CI’s PTSD had essentially resolved with some
minor symptoms periodically. The source document is not available for Board review. The CI
also reported a significant decrease in alcohol intake. A mental status examination (MSE) was
essentially normal with euthymic mood and an affect that was full ranging, reactive, and
appropriate to content. Neuropsychological testing performed by a civilian provider in
November 2007 documented mild deficits but review of the results by a Walter Reed
neuropsychologist noted some of the tests used were outdated and considered substandard.
Testing that was considered valid reflected mild memory
impairment and moderate
impairments of visuospatial and processing speed. However, it was unclear if these were new
findings. Pharmacy records reveal previous treatment with Trazodone but the CI was not taking
that at the time of the addendum. He was taking an anti‐depressant but that was for his
chronic pain. Although the examining psychiatrist noted a history of treatment for PTSD, he
opined that the CI did not meet full Diagnostic and Statistical Manual of Mental Disorders,
Fourth Edition (DSM‐IV) criteria for the diagnosis at the time of his evaluation. He noted that
while the PTSD had responded well to treatment and reduction in alcohol consumption, the CI
had a history of dissociative symptoms and did not recommend continuation on active duty.
While the description provided appears consistent with very limited symptoms and the
examining psychiatrist noted a Global Assessment of Functioning (GAF) of 62, which is evidence
of some mild symptoms, the psychiatrist also specifically stated the CI had moderate military
and psychiatric impairment and that deployment and injury were external precipitating
conditions. Prior to his mental health condition, the CI had no difficulties performing any
required occupational tasks. At the time of the MEB evaluation, the CI was assigned to the
Warrior Transition Unit and had no occupational responsibilities. The MEB psychiatrist opined
the CI was currently capable of working full time in civilian employment in a position with salary
commensurate with his current military pay grade. However, he did not recommend positions
requiring the operation of a motor vehicle or heavy machinery or carrying a weapon/firearm.
He also recommended the CI remain within 50 miles of a facility with behavioral health care
services. Additionally, the CI was assigned a permanent S3 profile by two other independent
physicians. An S3 profile is indicative of more significant mental health issues that are
incompatible with military service. The CI had been awarded social security disability (SSD) for
inability to work in a civilian job on 15 April 2008.
At the MEB exam, the CI marked the following items as yes: nervous trouble of any type
(anxiety or panic attacks), loss of memory or amnesia or neurological symptoms, frequent
trouble sleeping, received counseling of any type, and having been evaluated or treated for a
mental condition. The MEB physical exam completed in April 2008 noted the diagnoses of
PTSD, traumatic brain injury (TBI), and depression and recommended further follow‐up with
psychiatry. The examiner who performed this examination also completed the MEB NARSUM
approximately a week later.
The VA Compensation and Pension (C&P) exam was completed at the time of separation,
approximately 5 months after the psychiatric addendum. The CI reported that he had taken
Trazodone for this PTSD and had stopped taking it because it had not helped him. He was not
employed but he was looking for a part time job as allowed by his SSD. The CI had been in
treatment for PTSD for 12 weeks prior to separating, including group psychotherapy and
initially did well, however his symptoms had returned with “full force” and were causing
significant disruption. At the time of the C&P exam he had been informally dropping in to talk
to a counselor at a Veteran’s Center in Watertown, NY. The MSE documented an overtly and
noticeably anxious mood that resulted in shaky speech and some difficulties with word finding
and articulation. The CI was “quite tremulous and shaky.” His affect was noted to be full range
3 PD 1200369
and appropriate. He had nightmares two to three times a week on average, chronically and
severely disrupted sleep, agitation, hyperarousal, had daily intrusive thoughts and flashbacks,
and moderate to severe social anxiety and social avoidance. He was quite tense, anxious, and
hypervigilant in any public situation and avoided them at all costs. He was also hypervigilant at
home, making frequent security checks of windows and doors, especially at night. He also had
an exaggerated startle response. He was living with his girlfriend and their two children but he
was not engaged in any social activities. The examiner opined his personal and social
adjustment was moderately to severely impaired. He also opined that the CI’s symptoms of
PTSD were sufficiently severe enough to significantly impair his ability to maintain appropriate
behavioral and emotional stability in work situations. The CI reported he would occasionally
have a good day but the examiner doubted this would allow him to be successfully employed.
He diagnosed PTSD and assigned a GAF of 50, indicative of serious symptoms and/or any
serious impairment in social, occupational, or school functioning. The examiner also personally
escorted the CI to the Operation Iraqi Freedom/Operation Enduring Freedom (OIF‐OEF)
transition office to ensure the CI was immediately enrolled in the VA and into treatment as
quickly as possible.
The initial VA rating decision (VARD) dated February 2009 included evidence from VA
outpatient treatment records (from October 2008 through January 2009) that the CI was
receiving ongoing mental health treatment and a record from December 2008 noted that he
had recently started working. The actual treatment records are not available for review. This
VARD also reported the CI was receiving SSD benefits due to multiple medical and mental
health problems and that the CI was going to seek part‐time employment to the limit allowed
relative to his SSD benefits. A later VARD from August 2009 that granted individual
unemployability also included evidence from VA outpatient treatment records from April
through July 2009. These treatment records are also unavailable. The CI reported he had
worked part time at HGA but had to leave his job due to his disability and his back, knees, PTSD,
and TBI prevented him from following substantially gainful employment. He reported that he
had “bad headaches on busy days with [his] post‐traumatic stress disorder, [he] had to go home
early.” HGA confirmed that he had worked there from November 2008 to 17 April 2009,
working from 4 to 8 hours a day for a total of 18 to 24 hours per week. Social security reports
verified he was receiving SSD due to an anxiety related disorder.
The PEB rating, as described above, was derived from DoDI 1332.39 and while it did not
precede the promulgation of the National Defense Authorization Act (NDAA) 2008 mandate for
DoD adherence to Veterans Administration Schedule for Rating Disabilities (VASRD) §4.129, it
did not comply with that requirement. The Board notes that while §4.129 is generally applied
to PTSD cases, the paragraph is not limited to this particular diagnosis but is applicable when
any “mental disorder that develops in service as a result of a highly stressful event is severe
enough to bring about the veteran’s release from active military service.” While the CI had
received treatment for PTSD, the psychiatric addendum stated he did not meet the criteria for
PTSD and anxiety disorder, NOS was diagnosed. However, the examining psychiatrist did relate
the CI’s mental health condition to “alleged combat‐related trauma” and noted the deployment
was a precipitating condition. The CI was awarded a combat action ribbon. The VA examiner
diagnosed PTSD. However, regardless of which diagnosis, anxiety disorder or PTSD, is assigned,
§4.129 is applicable. IAW DoDI 6040.44 and DoD guidance (which applies current VASRD 4.129
to all Board cases), the Board is obligated to recommend a minimum 50% rating for a
retroactive six‐month period on the Temporary Disability Retired List (TDRL). The Board must
then determine the most appropriate fit with VASRD 4.130 criteria at six months (April 2009)
for its permanent rating recommendation. The psychiatric addendum to the NARSUM was
completed 5 months prior to separation and the C&P was completed 4 days after separation.
Therefore, both of these examinations will be used to determine the TDRL entrance rating. All
VARDs in evidence document a future mental health C&P examination was planned for January
2011. However, there is no evidence of this examination in the record and the most recent
4 PD 1200369
VARD is dated February 2010. While there are no further examinations available to determine
the permanent rating at TDRL exit in April 2009, the August 2009 VARD that granted
entitlement to individual unemployability contains evidence of employment history and VA
treatment records that can be used to determine the permanent rating recommendation.
The Board directs its attention to its rating recommendations based on the evidence above.
The VA assigned a 50% rating for PTSD based the examination at the time of initial separation
and IAW VASRD §4.130 criteria without relying on the provisions of §4.129. A follow‐up mental
health examination was planned but there is no evidence it ever occurred. All members agreed
that the §4.130 criteria for a rating higher than 50% were not met at the time of separation,
and therefore the minimum 50% TDRL rating (as explained above) is applicable. As regards the
permanent rating recommendation, all members agreed that with an inability to maintain even
part time employment, the §4.130 threshold for a 10% rating were well exceeded but that the
criteria for a 70% rating was not approached. The deliberation settled on arguments for a 30%
versus a 50% permanent rating recommendation. With no new information about the CI’s
symptoms, the Board can only assume the frequency and severity of symptoms described in the
October 2008 VA C&P examination continued. Although the CI was not able to maintain
sustained employment, he was employed part time for several months. There is no
information about the quality of his work when he was present and his physical disabilities
contributed to his inability to maintain employment. Therefore, it is difficult for the Board to
support a finding of continuously reduced reliability and productivity, even with the application
of reasonable doubt. However, the CI’s employment history is consistent with occupational
and social impairment with occasional decrease in work efficiency and intermittent periods of
inability to perform occupational tasks. After due deliberation, considering the totality of the
evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a permanent
disability rating of 30% for the mental health condition.
Chronic Neck 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.
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
MEB ~6 Months Pre‐Separation
35⁰ (Pain at 30)
45⁰
35⁰
40⁰
50⁰
60⁰
265⁰
PT: Measured with a standard goniometer.
Tenderness to lower c‐spine muscles; no
guarding or spasm; no abnormal spinal
contour. No change in ROM after 3
repetitions. MEB: Increased pain, fatigue,
weakness, fatigue, and lack of endurance
after three repetitions. No neurologic
examination.
VA C&P At Separation
45⁰
45⁰
45⁰
45⁰
80⁰
80⁰
340⁰
No objective pain on motion. No guarding,
spasm, or tenderness; motor, sensory (pin
prick, vibration, light touch, and position), and
reflex exams; Normal neurologic examination
and motor 5/5 bilaterally.
§4.71a Rating
10%
10%
The MEB NARSUM was completed approximately 6 months prior to separation and slightly
more than 2 years after he was injured in Afghanistan. The CI reported baseline pain at 3/10
with flare‐ups up to 4 times per day with pain rated at 8/10 during a flare‐up. Magnetic
resonance imaging (MRI) of the cervical spine obtained in September 2007 documented
minimal degenerative disc bulge in appearance with relatively mild crowding of the thecal sac
at C3‐4 and C4‐5. Neural foramina were patent in all visualized levels. No significant focal disc
herniation was seen. Abnormal spinal contour with straightening of his cervical lordosis was
5 PD 1200369
noted but as noted above, in April 2008 the curvature of the cervical spine was normal. Surgery
was not recommended. At the MEB exam performed in April 2008, the CI reported numbness
and tingling and cervical radiculopathy was included as a diagnosis. Although no neurologic
examination was completed for the MEB NARSUM, a normal examination in both upper and
lower extremities was documented by a neurologist in February 2008. While the MEB physical
exam noted an abnormal spinal exam, it did not elaborate on what abnormalities were present.
The C&P exam at the time of separation noted a similar history of injury and failure to respond
to conservative therapy. The CI reported intermittent paresthesias and numbness in his left
upper extremity, particularly in the ulnar nerve distribution. However, the neurologic
examination was completely normal.
A later VARD from August 2009 that granted individual unemployability also included evidence
from VA outpatient treatment records from April through July 2009. These treatment records
are unavailable. This VARD states that in May 2009, it was noted that the CI’s musculoskeletal
complaints were much improved since quitting smoking and losing weight. He had good ROM
noted in his joints at that time; however, he reported having continued back and neck pain.
The Board directs attention to its rating recommendation based on the above evidence. Both
the PEB and the VA rated the chronic neck pain condition at 10% using 5237 at the time of
separation from service. This is also the time of entry into the constructed TDRL. While no
formal examination was completed at the time of the TDRL exit in April 2009, the VARD from
August 2009 reports outpatient VA medical records from April through July 2009 document
continued neck pain. There is no indication the chronic neck pain condition either improved or
degenerated significantly. 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 at both the time of entry into the constructed TDRL entry in
October 2008 and at the time of exit in April 2009.
Board precedent is that a functional impairment tied to fitness is required to support a
recommendation for addition of a peripheral nerve rating at separation. The pain component
of a radiculopathy is subsumed under the general spine rating as specified in §4.71a. The
sensory component in this case has no functional implications. No motor related symptoms
were reported and all neurologic examinations were within normal limits. As no evidence of
functional impairment exists in this case, the Board cannot support a recommendation for
additional rating based on peripheral nerve impairment.
Chronic Upper Back Pain Condition. 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.
MEB ~6 Months Pre‐Separation
VA C&P At Separation
90⁰
20⁰
30⁰ (35)
30⁰ (35)
30⁰
30⁰
230⁰
No objective pain on motion. No guarding,
spasm, or tenderness; motor, sensory (pin
prick, vibration, light touch, and position),
and reflex exams; motor 5/5 bilaterally.
Negative straight leg raise.
10%
6 PD 1200369
Thoracolumbar ROM
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
§4.71a Rating
90⁰ (100)
25⁰ (Pain at 25)
30⁰ (Pain at 20)
25⁰
25⁰
30⁰
225⁰
PT: Measured with a standard goniometer. No
tenderness, guarding, spasm, abnormal spinal
contour. No change in ROM after 3 repetitions.
MEB: Increased pain, fatigue, weakness, fatigue, and
lack of endurance after three repetitions. No
neurologic or gait exam.
10%
levels.
Mild exaggerated thoracic kyphosis was noted.
The MEB NARSUM) was completed approximately 6 months prior to separation and slightly
more than 2 years after he was injured in Afghanistan. The CI reported baseline pain at 3/10
with flare‐ups as often as four times per day with pain rated at 8/10 during a flare‐up. An MRI
of the thoracic spine obtained in September 2007 documented degenerative discs with small
disc herniations and annulus tears more evident in T7‐8 and T8‐9. There was slight flattening of
the ventral cord but no cord edema. Spinal canal and neural foramina were all patent in all
visualized
Surgery was not
recommended. Although no neurologic examination was completed for the MEB NARSUM, a
normal examination in both upper and lower extremities and normal gait was documented by a
neurologist in February 2008. In addition, an electromyogram (EMG) and nerve conduction
studies were performed on both lower extremities in March 2008 and the results were normal.
At the MEB exam, the CI marked yes to: recurrent back pain or any back problems and
numbness and tingling. While the MEB physical exam noted an abnormal spinal exam, it did
not elaborate on what abnormalities were present. The C&P exam at the time of separation
noted a similar history of injury and failure to respond to conservative therapy. The CI reported
intermittent paresthesias and dysthesias in both lower extremities that occurred with walking.
A later VARD from August 2009 that granted individual unemployability also included evidence
from VA outpatient treatment records from April through July 2009. These treatment records
are unavailable. This VARD states that in May 2009, it was noted that the CI’s musculoskeletal
complaints were much improved since quitting smoking and losing weight. He had good ROM
noted in his joints at that time; however, he reported having continued back and neck pain.
The Board directs attention to its rating recommendation based on the above evidence. Both
the PEB and the VA rated the chronic upper back pain condition at 10% using 5237 at the time
of separation and from service. This is also the time of entry into the constructed TDRL. While
no formal examination was completed at the time of the TDRL exit in April 2009, the VARD from
August 2009 reports outpatient VA medical records from April through July 2009 document
continued back pain. There is no indication the chronic upper back pain condition either
improved or degenerated significantly. 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 upper back pain condition at both the time of entry into the constructed
TDRL entry in October 2008 and at the time of exit in April 2009.
Board precedent is that a functional impairment tied to fitness is required to support a
recommendation for addition of a peripheral nerve rating at separation. The pain component
of a radiculopathy is subsumed under the general spine rating as specified in §4.71a. The
sensory component in this case has no functional implications. No motor related symptoms
were reported and all neurologic examinations were within normal limits. Additionally EMG
and nerve conduction testing was normal. As no evidence of functional impairment exists in
this case, the Board cannot support a recommendation for additional rating based on
peripheral nerve impairment.
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 DoDI 1332.39 for rating the anxiety disorder, NOS, associated with possible
cognitive disorder condition was operant in this case and the condition was adjudicated
independently of that instruction by the Board. The PEB also did not apply VASRD §4.129 to the
CI’s anxiety disorder NOS condition adjudication, for which the Board also provides remedy. In
the matter of the anxiety disorder, NOS, associated with possible cognitive disorder condition,
the Board unanimously recommends an initial TDRL rating of 50% and a 30% permanent rating
7 PD 1200369
at 6 months, coded 9413 IAW VASRD §4.130. In the matter of the chronic neck pain condition,
the Board unanimously recommends an initial TDRL rating of 10% and a 10% permanent rating
at 6 months, coded 5237 IAW VASRD §4.71a. In the matter of the chronic upper back pain
condition, the Board unanimously recommends an initial TDRL rating of 10% and a 10%
permanent rating at 6 months, coded 5237 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 and that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation:
UNFITTING CONDITION
VASRD CODE
RATING
TDRL PERMANENT
50%
10%
10%
60%
30%
10%
10%
40%
9413
5237
5237
COMBINED
Anxiety Disorder NOS Associated with Possible
Cognitive Disorder
Chronic Neck Pain
Chronic Upper Back Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120417, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXXX, AR20120022689 (PD201200369)
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 constructively place the
individual on the Temporary Disability Retired List (TDRL) at
8 PD 1200369
60% disability for six months effective the date of the individual’s original medical separation
for disability with severance pay and then following this six month period recharacterize the
individual’s separation as a permanent disability retirement with the combined disability rating
of 40%.
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 temporary disability 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 day following the six month TDRL period.
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will
account for recoupment of severance pay, provide 60% retired pay for the constructive
temporary disability retired six month period effective the date of the individual’s original
medical separation and then payment of permanent disability retired pay at 40% effective the
day following the constructive six month TDRL period.
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
9 PD 1200369
AF | PDBR | CY2014 | PD-2014-01855
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The PEB rated the chronic neck pain 0%, coded 5237 (cervical strain) and the VA rated it 20%.The Board considered that the CI was noted to have painful, mildly limited cervical ROM without noted muscle spasm at the MEB...
AF | PDBR | CY2013 | PD-2013-02202
At TDRL entry, the PEB rated the condition of conversion disorder, coded 9424, at 10%. The Board further recommends a 30% permanent disability rating for the condition of somatization disorder. TDRL neurology removal examination dated 3 February 2006, approximately 17 months after TDRL entry, recorded decreased sensory in left digits four and five, and pain on palpation of the surgical scar.
AF | PDBR | CY2009 | PD2009-00106
The MEB forwarded the PTSD, MDD, Psychological Factors Affecting a General Medical Condition, Right shoulder pain, LBP, neck pain, and right knee pain conditions to the PEB as medically unacceptable IAW AR 40-501. The most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case is the VA psychiatric rating evaluation 4 months after separation. In the matter of the Chronic Right Shoulder & Knee Pain condition, the Board unanimously...
AF | PDBR | CY2013 | PD2013 02083
At the MEB exam, the CI reported daily lower back pain causing him to be depressed. The neck condition was reviewed and considered by the Board. 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...
AF | PDBR | CY2013 | PD2013 00409
The chronic back pain and chronic neck pain conditions, characterized as “chronic neck pain and chronic back pain, with degenerative disc disease” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. In addition, the CI was notified by the Army that his case may be eligible for review of the military disability evaluation of his MH condition in accordance with Secretary of Defense directive for a comprehensive review of Service members who were referred to a disability...
AF | PDBR | CY2014 | PD2014 01910
The MEB also identified and forwarded two other conditions (high frequency hearing loss and anxiety disorder) for PEB adjudication.The Informal PEBadjudicated left shoulder pain, neck pain and LBPas unfitting, rated 10%, 0% and 0% respectively, with likely application of the VA Schedule for Rating Disabilities (VASRD) for the neck and back condition and citing the US Army Physical Disability Agency (USAPDA) pain policy for the shoulder condition. The PEB rated the condition of chronic neck...
AF | PDBR | CY2009 | PD2009-00482
The VA rating decision of 22 August 2005, two months post-separation, service connected the PTSD condition, code 9411, with a 50% rating. Service Treatment Record. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2013 | PD2013 00552
The MEB also identified and forwarded depression NOS as meeting retention standards for PEB adjudication.The Informal PEB (IPEB) adjudicated the DM and chronic neck pain associated with headaches and arm pain as unfitting, rated 20% and 0% respectively. The evidence present for review did not indicate that the CI was hospitalized while on TDRL, there was no evidence of activity restriction, and the CI was seen by her endocrinologist every 2 months.After due deliberation, considering all of...
AF | PDBR | CY2013 | PD-2013-02212
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 Board directed attention to its rating recommendationbased on the above evidence.The PEB rated the chronic LBP 10%, coded 5299-5237 (analogous to lumbosacral strain) and the VA rated it 0%, coded 5237.The Board...
AF | PDBR | CY2009 | PD2009-00227
At the VA examination 2 months after separation, the CI was non-compliant with PTSD medications and continued with substance abuse (Alcohol, Cocaine, and Marijuana). The CI’s vertigo was noted in the NARSUM and multiple treatment notes. RECOMMENDATION : The Board recommends that the CI’s prior separation be recharacterized to reflect that, rather than discharge with severance pay, the CI was placed on the TDRL at 60% for a period of 6 months (PTSD at 50% IAW §4.129 and DoD direction) and...