RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20081227
NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200426
BOARD DATE: 20121116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (94F/Computer Detection Systems Repairer),
medically separated for chronic low back pain (LBP). The CI was teaching combatants in July
2007 when he injured his back. He continued to have intermittent symptoms of back pain,
numbness and tingling in his legs. His pain continued despite physical therapy and pain
management. His LBP condition could not be adequately rehabilitated to meet the physical
requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness standards
per commander’s letter. He was issued a permanent L3 profile and referred for a Medical
Evaluation Board (MEB). Lumbar spondylosis, bulging disc, cervical spondylosis and astigmatism
conditions, were identified and forwarded by the MEB. The Physical Evaluation Board (PEB)
adjudicated the chronic LBP condition with lumbar spondylosis, and bulging disc 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: “I am unable to work with my condition. Back injury with nerve damage. I
suffer severe pain in lower back and rt hip. Numbness in right lower leg”.
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 Army rated condition chronic LBP is
the only condition that meets the purview of the Board as prescribed in DoDI 6040.44 and is
addressed below. 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:
*Combines MEB Diagnoses #1 (Lumbar Spondylosis) and #2 (Bulging Disc [L2‐L3]).
Service PEB – Dated 20081024
Condition
Code
Rating
Chronic Low Back Pain …*
5299‐5242
10%
Cervical Spondylosis
Astigmatism
Not Unfitting
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
VA (8 Mos. Post‐Separation) – All Effective Date 20081228
Condition
Lumbar Spondylosis and Bulging
Disc at L2‐L3
Right Lower Extremity Radiculitis
Left Lower Extremity Radiculitis
Code
5242
8729
8729
Rating
10%
0%
0%
NO VA ENTRY
NO VA ENTRY
0% X 1 / Not Service‐Connected x 1
Combined: 10%
Exam
20090824
20090824
20090824
20090824
ANALYSIS SUMMARY:
Chronic Low Back 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.
PT/NARSUM ~3 Mo. Pre‐Sep
VA C&P ~8 Mo. Post‐Sep
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: (IAW Notes
2 and 4 for the spine)
§4.71a Rating
(80) 79⁰
(15) 16⁰
10⁰
15⁰
(30) 33⁰
(30) 29⁰
10%
80⁰
20⁰
30⁰
30⁰
30⁰
30⁰
220⁰
180⁰
Pain with motion;
SLR;
strength, reflexes, sensory normal; no
change ROM on repetition (see text)
tender;
‐
Pain with motion; tender; spasm;
antalgic gait; no
LOM on
repetition
20% (VA 10%)
The CI was teaching combatants in 2007 when he injured his back. He experienced intermittent
numbness and tingling in his legs that improved. During subsequent deployment, wearing body
armor and standing guard increased both LBP and right leg pain. In February 2008 the CI had
LBP and pain down the posterior aspect of both legs when lifting less than five pounds. He was
evaluated and referred to specialists and imaging. Lumbar spine X‐rays performed on
20 February 2008 showed no spondylolisthesis or spondylolysis. Magnetic resonance imaging
(MRI) of the lumbar spine performed on 26 February 2008 showed a small circumferential disc
bulge at L2‐L3, without spinal canal narrowing or foraminal narrowing. Neurologist history 9
months prior to separation noted 2/10 back pain, worse with activity, without numbness,
spasms, or tingling in legs, no weakness, no bowel or bladder incontinence, and no response to
physical therapy. Neurologist exam showed no motor weakness or sensory loss in the lower
extremities. Pain behavior was negative but there was palpable posterior tenderness without
paravertebral spasm. The Neurologist’s electromyogram (EMG) found mild left (not right sided
symptoms per the CI contention) lumbar radiculopathy L5‐S1. Three Orthopedic evaluations
chronicled effective medication treatment, physical therapy failure, and ineffective pain clinic
referral. The final orthopedic consultation noted normal lumbar spine appearance, ROM, no
tenderness and no spasm, with normal gait and stance and recommended referral to the MEB.
In the MEB narrative summary (NARSUM) dictated 9 weeks prior to separation, the CI reported
activity exacerbated back pain that interfered with sleep and was tolerable with medications.
Extensive use, lifting objects, position changes or persisted positions, all caused pain. “Fatigue,
weakness, lack of endurance and instability/in‐coordination did not appear to be a problem
separate from pain.” The MEB physical exam noted a back mildly tender to palpation with no
spasm or guarding. Strength, sensation, deep tendon reflexes, heel‐, toe‐, and tandem walk
were normal. Straight leg raising was negative and no Waddell’s signs were noted. The ROMs
and exam are summarized above.
At the VA Compensation and Pension (C&P) exam performed 8 months after separation, the CI
reported constant daily mild‐moderate LBP with stiffness, moderate‐severe pain, flair‐ups
several times a week associated with overexertion, prolonged standing or walking or jarring
activities. He stated during flare‐ups he has pain that “radiates to left hip or to R hip & R upper
thigh.” The C&P exam showed spine ROM summarized above, with tenderness and spasms of
lumbar paraspinal muscles, without straight leg raising, and no painful motions nor additional
loss of ROM with repetitions. Antalgic gait was noted.
2 PD1200426
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated chronic LBP with disability at 10%, coded 5299‐5242, analogous to degenerative
arthritis of the spine, IAW VASRD 4.71a. The Veterans Administration Rating Decision (VARD)
rated 10% disability for lumbar spondylosis and bulging disc at L2‐L3 under code 5242,
degenerative arthritis of the spine and the rating narrative did not mention the abnormal gait
and spasm noted in the C&P exam.
The Board deliberated on the timing, details, and overall probative value of the above exams
and adjudged that the NARSUM exam had the highest probative value for rating at separation.
There was not sufficient evidence of incapacitating episodes to support higher rating under
5243 Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes or under functional
loss. 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 chronic LBP 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. 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 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
5299‐5242
COMBINED
10%
10%
Chronic Low Back Pain Condition
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120510, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
3 PD1200426
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
XXXXXXXXXXXXXXXXX, AR20120022696 (PD201200426)
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200426
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