RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20030220
NAME: XXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200375
BOARD DATE: 20121205
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SSG/E‐6 (68G/Patient Administration Specialist),
medically separated for low back pain. The CI experienced chronic recurrent low back pain
after a fall during training treated medically. 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). Gastroesophageal reflux disease (GERD), pes cavus and vision defect
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 low back
pain condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for
Rating Disabilities (VASRD). The remaining conditions were determined to be not unfitting. The
CI made no appeals, and was medically separated with a 10% disability rating.
CI CONTENTION: “The severity of my symptoms were not properly rated or look at. My lower
back pain, disk degeneration, spondylolisthesis the pain medication worsen my Gerd symptoms
sciatica, claw fee, herniated disc, spasms, tingling numbness of part lower back. Been taking
medications since service for Gerd OTC. Then oneprazole. My pain medication has increased by
Gerd and Gastric complications. See current records. My pes cavus condition resulted in claw
toes have pain in my toes joints see VA recs”.
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 GERD and pes cavus 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 condition. 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 20030221
Service PEB – Dated 20021121
Condition
Low Back Pain
GERD
Pes Cavus
Vision Defect
Rating
10%
Not Unfitting
Not Unfitting
Not Unfitting
Code
5295
Combined: 10%
Condition
Deg. Disc Dis. L4‐S1, …Spondylolisthesis, Disc
Herniation L5‐S1 w/ Recurrent Radiculitis
Gastroesophageal Reflux Disease (GERD)
Pes Cavus
Code
5293
7346
5278
Rating
20%
0%
0%
Exam
20021206
20021206
20021206
NO VA ENTRY
Combined: 20%
ANALYSIS SUMMARY:
Low Back Pain Condition. There were three goniometric range‐of‐motion (ROM) evaluations
and one examination in evidence, with documentation of additional ratable criteria, which the
Board weighed in arriving at its rating recommendation; as summarized in the chart below.
Thoracolumbar ROM
Ortho MEB Consult
VA C&P
~4 Mo. Pre‐Sep
(20021030)
MEB NARSUM
~4 Mo. Pre‐Sep
(20021105)
~2 Mo. Pre‐Sep
(20021206)
Orthopedic exam
~4 Mo. Pre‐Sep
(20021114)
pain
pain
(Degrees)
Flexion (90 Normal)
Extension (30)
R Lat Flex (30)
L Lat Flex (30)
R Rotation (30)
L Rotation (30)
Combined (240)
Comment
75
30
30 (40)
30 (40)
+Tenderness
No spasm
No deformity
90
20
30
30
30 (35)
30 (35)
230
+ Tenderness
Painful motion
No spasm
L lat foot sensory loss
60
20
25
25
25
25
Spasm
Painful motion
ROM after repetition
Painful motion
+ Tenderness
+Episodic spasm L>R
Normal gait
20%
§4.71a Rating
10%
10%
The CI reported injuring his back after falling off “parallel bars” during training 4 April 1997.
The CI was subsequently treated for recurrent/chronic back pain beginning in 1999. Imaging
studies including magnetic resonance imaging (MRI) in June 2002 demonstrated spondylolysis
with spondylolisthesis of L5‐S1 and a L5‐S1 disc protrusion abutting the right L5 nerve root.
Electrodiagnostic testing on 24 July 2002 was negative for signs of radiculopathy. CI was
treated with a brace with some improvement in pain. He was offered spinal surgery which he
declined. The orthopedic MEB consultation examination, dated 30 October 2002, and the MEB
narrative summary (NARSUM) examination, dated 5 November 2012, both approximately 4
months before separation, are summarized in the chart above. On 14 November 2002, 4
months prior to separation, the CI’s civilian spine surgeon noted spasms of the paraspinal
muscles and increased pain with flexion and extension. Normal reflexes, normal sensory and
motor examinations. The CI had been treated in a Boston brace for many months with
improvement of his back symptoms. He had been assigned to no lifting and no bending and
had not been involved in heavy activity for many months. CI reported dull and achy back pain
associated with spasm. At the VA Compensation and Pension (C&P) 2 months prior to
separation, the CI reported chronic recurrent pain more or less every day, easily flared‐up up to
25 times a month depending on activities. The ROMs in the chart above reflected the
movement after repetition. There was an increase in pain radiating to the left buttocks and
thigh, and stiffness that the examiner characterized as a sensory radiculitis. Inconsistent
episodic spasms mostly of the left were noted as well. Strength, sensation and reflexes of the
lower extremities were normal, and straight leg raising testing for nerve root irritation was
negative.
The Board directs attention to its rating recommendation based on the above evidence. In
accordance with DoDI 6040.44, the Board is required to recommend a rating IAW the VASRD in
effect at the time of separation. The Board notes that the 2002 Veteran Administration
Schedule for Rating Disabilities (VASRD) standards for the spine, which were in effect at the
time of separation, were changed to the current §4.71a rating standards in 2004. The Board
must correlate the above clinical data with the 2002 rating schedule (applicable diagnostic
codes include: 5292 limitation of lumbar spine motion; 5293 intervertebral disc syndrome; and
5295 Lumbosacral strain). The PEB rated the back condition 10% using VASRD diagnostic code
5295 as lumbosacral strain with characteristic pain on motion. The VA rated the back condition
2 PD1200375
20% citing moderate limitation of motion (5292) based on the C&P ROM examination but listed
the code as 5293 (intervertebral disc syndrome).
All Board members agreed the MEB NARSUM and examinations supported a 10% rating under
both the VASRD code 5292 for limitation of motion, and lumbosacral strain code 5295 while the
C&P examination supports a 20% rating under limitation of motion code 5292. Inconsistent and
episodic muscle spasm was noted on the C&P examination but there was no muscle spasm on
extreme forward bending or unilateral loss of lateral spine motion to support a 20% rating
under code 5295; also there was no gait abnormality to suggest significant muscle spasm. At
the time the CI separated from service, ratings under the VASRD code 5293 for intervertebral
disc syndrome were based on incapacitating episodes, and evidence of the service records
indicate the CI’s back condition did not meet a minimum rating under this diagnostic code.
Due to the significant differences between the service and C&P examinations and the ratings
adjudicated by the PEB and VA, the Board carefully considered the whole record in order to
develop a consistent picture of the CI’s back pain condition. The Board noted the chronic and
stable nature of his condition over several years leading into the MEB. Orthopedic
examinations during 2002 prior to the MEB recorded either no, or slight limitation of motion
without spasm. Characteristic pain on motion was documented. The 14 November 2002
orthopedic encounter recorded improvement in pain since the previous examination and pain
with motion but did not describe muscle spasm on extreme forward bending, or loss of lateral
spine motion, unilateral, in standing position. The characteristic pain on motion of the lumbar
spine as described by the CI, and the restrictions imposed on military duties for his rank and
training, would qualify as 10%, more than slight subjective symptoms. There was no history of
injury or cause for the worsening between the MEB NARSUM examination and the C&P
examination. Therefore, Board members concluded the MEB NARSUM examination and service
treatment records (STR) were most reflective of the overall disability picture at the time of
separation. Although several years later, the C&P examination in 2011 documented
examination findings and improved ROM consistent with the MEB NARSUM examination. The
Board also considered if an additional disability rating was justified for peripheral nerve
impairment due to radiculopathy. The CI had degenerative disc disease (DDD) with radiating
pain.
reflexes and gait, and
electrodiagnostic testing was negative for evidence of radiculopathy. The left lateral foot
sensory changes noted in the MEB NARSUM examination were consistent with S1 disc
pathology. The presence of functional impairment with a direct impact on fitness is the key
determinant in the Board’s decision to recommend any condition for rating as additionally
unfitting. Therefore the critical decision is whether or not there was a significant sensory
impairment which would impact military occupation specific activities. There is no evidence in
this case that sensory loss of the left lateral foot existed to any degree that could be described
as functionally impairing. The Board therefore concludes that any additional disability rating
was not justified on this basis. 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 low back pain condition.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
were gastroesophageal reflux disease (GERD) condition and pes cavus condition. 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. GERD condition was
treated and controlled with over the counter medications and did not impose any duty
restrictions. Pes cavus condition was present upon intake physical 20 December 1996, and
waived. The MEB NARSUM examination stated the pes cavus was asymptomatic. None of
these conditions were profiled; none were implicated in the commander’s statement; and,
indicated normal strength,
However, examinations
3 PD1200375
none were judged to fail retention standards. All were reviewed by and considered by the
Board. There was no indication from the record that any of these conditions significantly
interfered with satisfactory duty performance. 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 any of the contended conditions;
and, therefore, no additional disability ratings can be recommended
BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or
guidelines relied upon by the PEB will not be considered by the Board to the extent they were
inconsistent with the VASRD in effect at the time of the adjudication. The Board did not
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the low back pain condition and IAW VASRD §4.71a, the Board
unanimously recommends no change in the PEB adjudication. In the matter of the contended
GERD and pes cavus 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, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
UNFITTING CONDITION
Low Back Pain with spondylosis, spondylolisthesis, and herniated
disk at L5‐1
5295
VASRD CODE RATING
10%
10%
COMBINED
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120419, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200375
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
XXXXXXXXXXXXX, AR20130000108 (PD201200375)
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
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200375
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