RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20050816
NAME: XXXXXXXXXXX
CASE NUMBER: PD1200412
BOARD DATE: 20121204
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty 1LT/02 (11A00/Infantry), medically separated for left
pectoralis tendon tear, status post (s/p) open pectoralis tendon repair and subsequent failure
of the surgical repair. The CI sustained a shoulder subluxation during ranger school, followed
by a pectoralis tendon tear during the flight‐for life. Despite narcotic medication, orthopedic
and physical therapy (PT) evaluations, an open pectoralis tendon repair with arthroscopy, the CI
failed to meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy
physical fitness standards. He was issued a permanent U3 profile and referred for a Medical
Evaluation Board (MEB). The MEB forwarded left pectoralis tendon tear, s/p repair with failure
as not meeting standards to the Physical Evaluation Board (PEB). The MEB forwarded no other
conditions for PEB adjudication. The PEB adjudicated the left pectoralis tendon tear, s/p open
pectoralis tendon repair and subsequent failure of the surgical repair condition as unfitting,
rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD).
The CI made no appeals, and was medically separated with a 20% disability rating.
CI CONTENTION: “The shoulder joint injury, which required a second surgery due‐to a failed
correction originally, has limited the use of my left arm. I also have nerve damage, which was
never accessed. I have had pain for a long‐time and lost my career Army due‐to my service
connected injury. The amount of time and energy I have put into correction, re‐hab, and
negative quality of life have subsequently led to a very diminished quagmire. The military was
suppose to be my career; unfortunately, my injury not only discharged me, it also rendered me
physically “un‐fit” for 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 unfitting left pectoralis tendon tear,
s/p open pectoralis tendon repair and subsequent failure of the surgical repair condition as
requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview;
and, is addressed below. The remaining contended condition [nerve damage] and those rated
by the VA at separation listed on the DA Form 294 application are not within the Board’s
purview. Any conditions or contention not requested in this application, or otherwise outside
the Board’s defined scope of review, remain eligible for future consideration by the Army Board
for Correction of Military Records.
RATING COMPARISON:
Service IPEB – Dated 20050706
Condition
Code
Rating
Left Pectoralis Tendon
Tear, S/P Open Pectoralis
Tendon Repair and
Subsequent Failure of
the Surgical Repair
5303
20%
↓No Additional MEB/PEB Entries↓
Combined: 20%
VA (~3 Mos. Post‐Separation) – All Effective Date 20050817
Condition
Residuals Left Shoulder
Dislocation with Ruptured
Tendon, S/P Surgical Repair
Post Operative Surgical Scar,
Left Shoulder Associated with
Residuals Left Shoulder
Reconstruction
Hypertension
Code
Rating
Exam
5201
20%*
20051122
7804
10%*
20061121
0%*
20051122
7101
Not Service‐Connected x 3
Combined: 30%*
Left Shoulder Residuals, 5201 increased to 100% temporarily for convalescence from 20081124 then changed to 5200 at 40%
from 20090201 (combined 50%). Scar, 7804, initially not rated, then rated 10% from 20050817 based on exam of 20061121.
HTN increased to 10% from 20090202.
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impact that his service‐incurred condition has had on his current
earning ability and quality of life. It is a fact, however, that the Disability Evaluation System
(DES) has neither the role nor the authority to compensate members for anticipated future
severity or potential complications of conditions resulting in medical separation. This role and
authority is granted by Congress to the Department of Veterans Affairs (DVA). 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 6044.40, 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.
Left Pectoralis Tendon Tear, S/P Open Pectoralis Tendon Repair and Subsequent Failure of the
Surgical Repair Condition. The record documented that the CI was right‐handed. There were
three goniometric range‐of‐motion (ROM) evaluations in evidence which the Board weighed in
arriving at its rating recommendation, with documentation of additional ratable criteria
summarized in the chart below.
Left Shoulder ROM
Flexion (0‐180⁰)
Abduction (0‐180⁰)
Report of Med Exam ~3 Mos.
Pre‐Sep
Decreased ROM
Comments:
Right Hand
Dominant;
Surgery ~8 Mo.
Pre‐Sep
“Obvious healing surgical scar
anterior left shoulder”
decreased ROM, + tenderness
to palpation (TTP) complete
shoulder; decreased ROM;
cranial nerve XI decreased
trapezius movement
MEB ~2 Mos. Pre‐Sep
VA C&P ~3 Mos. Post‐Sep
‐
90⁰
“40 degrees external rotation”;
painful at extreme motion;
“spasm in pectoralis muscle
belly”; remarkable TTP localized
to avulsed sternal head; sternal
head retracted to area of lateral
pectoral border; muscle
agitation with stretch results in
painful visible/palpable spasm
‐
90⁰*
*Forward elevation 90⁰ with
significant pain; extreme TTP
anterior aspect; scar 4 inches
long darker pink than
surrounding tissue no
swelling/redness;
internal/external rotation 0‐45⁰
with increased pain; pain is most
limiting factor; shoulders equal in
height (see text)
§4.71a or §4.73
Rating
20%
20%
20%
Following injury in December 2004, a left shoulder arthrogram demonstrated an anterior
avulsion fracture and the CI underwent a left pectoralis tendon repair with arthroscopy. The
MEB narrative summary (NARSUM) examination, 2 months prior to separation (6 months after
2 PD1200412
surgery) indicated that the CI had daily pain which limited his activities of daily living (ADL), an
inability to carry objects greater than five pounds; problems with showering, sleeping, clothing
himself, running or exercising and he required a strong narcotic (Percocet) every 4 hours for
pain control. The MEB physical exam findings are summarized in the chart above. The
examiner stated that “the patient has had subsequent evaluations by other orthopedic
consultants with a recommendation varying from continued physical therapy to possible
revision. As the initial surgeon, my recommendation has been to continue with physical
therapy until all improvement has plateaued, then to perform any possible revision if there is
little improvement.”
The VA Compensation & Pension examination performed 3 months after separation (11 months
after surgery) noted that the CI had subluxation with overhead activity; any type of exercise
caused increased shoulder pain and decreased use; occasional morning stiffness; difficulty with
showering and washing in certain areas; difficulty finding a comfortable sleeping position;
difficulty with going to the bathroom. The examiner also noted that the CI had frequent flare‐
ups which would last for 10 minutes such as putting his hand behind his head which required
the CI to return the arm to a neutral position for a slow resolution of the pain. The physical
exam findings are summarized in the chart above.
VA records indicate a left shoulder pectoralis major tendon rupture reconstruction on
24 November 2008 (over 3 years post‐separation). March 2009 and August 2009 VA exams
(4 and 9 months post‐operative) documented essentially ankylosis of the left shoulder (ROMs
near zero) and the VA rated the shoulder at 40% following a 100% convalescent rating.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the left pectoralis tendon tear, s/p open pectoralis tendon repair and subsequent
failure of the surgical repair condition 5303 (muscle Group III) rated 20% under the non‐
dominant hand rating. The VA coded the left shoulder condition 5201 (Arm, limitation of
motion of at shoulder level) at 20%. All exams proximate to separation documented limited
ROM to the 20% criteria (limited at shoulder level) under 5201. No exam proximate to
separation approached the “midway between side and shoulder level” [which would rate 30%
for the dominant and 20% for the non‐dominant arm]. No exam approached the 30% (non‐
dominant) limitation “to 25° from side.” The Board considered the criteria for 5303 non‐
dominant Group II muscle rating and deliberated between the severe (30%) and moderately
severe (20%) ratings with attention to VASRD §4.55 (Principles of combined ratings for muscle
injuries) and §4.56 (Evaluation of muscle disabilities). The NARSUM indicated remarkable TTP
localized to avulsed sternal head; sternal head retracted to area of lateral pectoral border, and
“muscle agitation with stretch results in painful visible/palpable spasm.” Treatment records did
not document a non‐surgical wound, infection, or prolonged hospitalization. The VA exam
indicated fewer muscle injury signs, but with subluxation with overhead activity and difficulties
with ADLs. The Board considered the repeat surgery remote from surgery and subsequent
exams and ratings had lowered probative value for rating at the time of separation. The Board
concluded that the MEB exam was closest to the time of separation, and although also closer to
initial surgery, was performed by the operating orthopedic surgeon and had a higher probative
value.
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 left pectoralis tendon tear, s/p open pectoralis tendon repair and
subsequent failure of the surgical repair condition.
3 PD1200412
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 left
pectoralis tendon tear, s/p open pectoralis tendon repair and subsequent failure of the surgical
repair condition and IAW VASRD §4.73, 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
5303
COMBINED
RATING
20%
20%
UNFITTING CONDITION
Left Pectoralis Tendon Tear, S/P Open Pectoralis Tendon
Repair and Subsequent Failure of the Surgical Repair
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120503, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXX, 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
XXXXXXXXXXXXXXX, AR20130000037 (PD201200412)
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:
4 PD1200412
Encl
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200412
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