RECORD OF PROCEEDINGS
SEPARATION DATE: 20060906
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200405
BOARD DATE: 20121205
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a Reserve SPC/E‐4 (88M/Motor Vehicle Operator), medically
separated for chronic low back pain. The CI developed chronic low back pain (LBP after a motor
vehicle crash in July 2004 while deployed to Iraq leading to back surgery in January 2006.
Following surgery, the CI did not improve adequately to meet the physical requirements of her
Military Occupational Specialty (MOS) or satisfy physical fitness standards. She was issued a
permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
no other conditions for Informal Physical Evaluation Board (IPEB) adjudication. The IPEB
adjudicated the chronic LBP condition as unfitting, rated 10% using VASRD code 5241. The CI
appealed to the Formal PEB (FPEB) which affirmed the IPEB findings; and was then medically
separated with a 10% disability rating.
CI CONTENTION: “The rating was based on a spinal fusion of the L5‐S 1. but other injuries that
rendered me unfit were not included in my PEB. I suffered a Moving Vehicle Accident MVA
during my deployment on July 2004 in Iraq and sustained multiple injuries. Therefore, I believe
that my injuries from the said accident should have been added to the PEB. but were not. I was
discharged through MTF ‐‐‐‐‐‐‐‐‐ in Fort Bliss. Other injuries from my accident sustained in Iraq,
were diagnosed treated by not added to my PEB. I believe that all my injuries from my accident
rendered me unfit. I am currently rated at 60% through the VA. I have an appeal pending in
the Los Angeles Regional office for trocantric ositis of my hips, bi‐laterally that was caused by
my injuries sustain from my July 2004 accident”.
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 rated condition for chronic LBP is the
only condition that meets the Board’s purview for review. 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:
VARD – All Effective Date 20060907
Service FPEB – Dated 20060711
Condition
Code
5241
Rating
10%
Chronic Low Back Pain
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Condition
Fusion, Lumbar Spine
Bilateral Plantar Fasciitis
Residual Rib Strain
5099‐5020
5299‐5297
0% X 2 / Not Service‐Connected x 2
Combined: 30%
Code
5241
Rating
10%
10%
10%
Exam
STR
STR
STR
Thoracolumbar
ROM
(Degrees)
Flexion (90 Normal)
Extension (30)
R Lat Flex (30)
L Lat Flex (30)
R Rotation (30)
L Rotation (30)
Combined (240)
PT
~5 Mo. Pre‐Sep
(20060412)
45 (45, 45, 47)
0 (2, 2, 2)
10 (8, 7, 9)
5 (4, 5, 4)
30 (45,47, 46)
30 (35, 37, 40)
120
Painful motion
Comment
50
15
30 (90)
30 (90)
“lumbar” ROM
normal (not
thoracolumbar)
Tenderness
No spasm
Normal gait
20% (PEB 10%)
MEB NARSUM
~4 Mo. Pre‐Sep
(20060422)
~4 Mo. Pre‐Sep
(20060509)
PT
85
20
20
20
VA C&P
~7 Mo. Post‐Sep
(20070424)
90
30
30
30
30
30
240
Tenderness
Painful motion
As cited by VARD
ANALYSIS SUMMARY:
Chronic Low Back Pain Condition. There were four 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.
§4.71a Rating
20%
10%
10%
On 31 July 2004, CI was injured in a motor vehicle accident and treated for severe contusions of
the left ankle/shin, back, chest and right hip. Back pain was treated with physical therapy (PT),
chiropractic care and epidural lumbar injections. Magnetic resonance imaging (MRI) on
10 March 2005 showed Grade I retrolisthesis of L5 with respect to S1, and degenerative disc at
this level with a left paracentral disc bulge, possibly making contact with the exiting left side S1
nerve root. After exhausting non‐surgical treatment she opted to undergo spinal surgery
performed 25 January 2006 including L5‐S1 fusion. A PT evaluation on 27 February 2006, a
month after surgery, recorded ROM with flexion of 80 degrees, extension 15 and lateral
bending 20. On 4 April 2006 at orthopedic follow‐up she was making excellent progress post‐
operatively, but it was determined that she could tolerate body armor and was referred into
the MEB. The orthopedic examination on 4 April 2006 cited in the MEB narrative summary
(NARSUM), noted a
lumbar ROM considered normal for body habitus, with no gait
abnormalities, no motor reflex or sensory deficits in either leg, no paraspinal muscle spasms.
The CI did have tenderness to palpation over the left paraspinal region. The orthopedic
surgeon specified the ROM as a lumbar ROM for which 50 degrees of flexion is near normal
(normal 60 for isolated lumbar flexion). It was not clear to the Board whether this was a VASRD
compliant thoracolumbar ROM or not, however, a PT examination on 12 April 2006, a week
later, recorded thoracolumbar ROMs consistent with the NARSUM examination as noted in the
chart above. A PT examination 2 weeks later on 9 May 2006, recorded improved ROM as noted
in the chart above that was consistent with the February 2006 PT examination and the post‐
separation VA Compensation and Pension (C&P) examination cited by the VARD. The C&P
examination as reported by the VA Rating Decision of 24 April 2007 (a copy of the C&P
examination itself was not available) was noted for normal thoracolumbar ROM without spasm
and X‐ray showing post‐operative changes with good spinal alignment. The VA assigned a 10%
rating based on painful motion and report of pain with use.
The Board directs attention to its rating recommendation based on the above evidence.
Although the MEB NARSUM and PT ROMS performed 10 days apart in April 2006 were
consistent with 20% rating under the VASRD general rating formula for rating diseases and
injuries of the spine, the 9 May 2006 PT examination, was more proximate to separation and
recorded a ROM consistent with a 10% rating. This ROM was also noted to be consistent with
the February 2006 PT examination, and the post‐separation VA examination cited by the VA
2 PD12‐00405
rating decision. The Board opined these later examination would reasonably be more reflective
of the outcome following recovery from surgery. There were no incapacitating episodes in the
record, or cited in the commander’s statement. The Board thus determined that the
preponderance of evidence points towards a 10% rating using VASRD code 5241 due to forward
flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees;
with tenderness and no abnormal gait. After due deliberation, considering all of the evidence,
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. In the matter of the
chronic LBP 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.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5241
COMBINED
10%
10%
Chronic Low Back Pain
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120430, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXX, 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
XXXXXXXXXXXXXXXXX, AR20130000021 (PD201200405)
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
3 PD12‐00405
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
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD12‐00405
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