RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20041031
BRANCH OF SERVICE: ARMY
NAME: XXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200438
BOARD DATE: 20121218
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a National Guard, SGT/E‐5 (31B/Military Police) medically separated
for venous insufficiency of the left leg and lumbar disc disease. He experienced an onset of left
lower leg pain and low back pain (LBP) during deployment in 2002. He was subsequently
diagnosed with venous insufficiency of the leg and disc disease of the lumbar spine. Neither
condition could be adequately rehabilitated to meet the physical requirements of his Military
Occupational Specialty (MOS) or satisfy physical fitness standards. He was consequently issued
a permanent L3 profile and referred for a Medical Evaluation Board (MEB). Both conditions
were forwarded to the Physical Evaluation Board (PEB) IAW AR 40‐501. No other conditions
were submitted by the MEB. The PEB adjudicated “left leg pain and venous insufficiency” and
“chronic low back pain, without neurologic abnormality” as unfitting, each rated 10% with
citation of criteria from the Veterans Administration Schedule for Rating Disabilities (VASRD).
The CI made no appeals, and was medically separated with a 20% combined disability rating.
CI CONTENTION: “I believe that my medical condition were [sic] more serious and my daily
leaving [sic] is very affected. All my conditions are getting worst [sic].” He does not elaborate
further or specify a request for Board consideration of any additional conditions.
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 the unfitting left leg vascular and lumbar spine conditions are 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.
The Board acknowledges the CI’s statements regarding the significant impairment with which
his service‐connected condition continues to burden him; but, must emphasize 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. That role and authority is granted by Congress to the Department of
Veteran Affairs (DVA), operating under a different set of laws. The Board considers DVA
evidence proximate to separation in arriving at its recommendations; and, DoDI 6040.44
defines a 12‐month interval for special consideration to post‐separation evidence. Post‐
separation evidence is probative to the Board’s recommendations only to the extent that it
reasonably reflects the disability at the time of separation.
RATING COMPARISON:
Condition
Service PEB – Dated 20040830
Code
7120
5299‐5237
Left Leg Venous Insufficiency
Chronic Low Back Pain
Combined: 20%
VA (3 & 6 Mos. Post‐Separation) –Effective 20041031
Rating
10%
10%
Condition
Venous Insufficiency, Left Leg
Multilevel Lumbar DJD
Code
7120
5243
Combined: 40%
Rating
10%
30%
Exam
20050125
20050505
ANALYSIS SUMMARY:
Left Leg Vascular Condition. The CI first noted left calf pain and swelling during a 2002 Saudi
deployment. After redeployment the symptoms resolved with conservative measures, but
recurred after his unit was again mobilized in 2003. At this time it was correlated with running
and prolonged standing or exertion, requiring medication and profile restrictions. When his
unit was demobilized in 2004, he was placed on medical hold for further evaluation of the
condition. Ancillary studies revealed lower venous insufficiency without thrombosis, and
myositis (muscle inflammation) of the calf area. After orthopedic, vascular surgery and
rheumatology consultations, a MEB was recommended. A few outpatient notes from the MEB
period document mild left lower leg edema, and one describes pigmentary changes. Most
entries note a history of pain and swelling with activity, but did not document real time exam
findings of such. The narrative summary (NARSUM) is excerpted below.
However, the pain continues to recur with prolonged standing or sitting and with physical
activity. [CI] describes his pain as a throbbing pain in his left foot and a burning pain in his calf
area, which increases with prolonged standing or sitting and improves with rest and leg
elevation. ... Even though the pain improves with rest and leg elevation, it invariably increases
every time he tries to perform physical activities to the point that he is not able to perform the
duties of his MOS.
The NARSUM physical exam noted “slight tenderness to palpation and edema in the left calf.”
At his VA Compensation and Pension (C&P) exam (3 months post‐separation), the CI reported
pain with prolonged walking, standing, or sitting; as well with stair climbing and other physical
activities; rated on average 4‐5/10; and, improving with rest. The VA examiner recorded the
following physical findings, “Small varicose veins in extremities with hyperpigmented macules
below knees, bilaterally. There is mild edema, bilaterally below the knee, more marked in left
leg. ... No venous cord detected at physical examination. No redness and no warmth of legs.”
The Board directs attention to its rating recommendation based on the above evidence. Both
the PEB and VA applied the same code, 7120 (varicose veins), which is the optimal clinical fit;
and, both arrived at the same 10% rating. The 10% description under 7120 is “Intermittent
edema of extremity or aching and fatigue in leg after prolonged standing or walking, with
symptoms relieved by elevation of extremity or compression hosiery.” The next higher (20%)
rating requires “Persistent edema, incompletely relieved by elevation of extremity, with or
without beginning stasis pigmentation or eczema.” The 10% description is a good fit with the
NARSUM, C&P, and outpatient clinical histories; and, reasonably portrays the overall disability
picture. There is, however, some evidence (particularly exam findings) consistent with the 20%
description. It may be surmised that mild edema was a more or less constant feature, although
the superimposed myositis would account for that as a baseline finding regardless of the
severity of venous insufficiency at any point in time. Members agreed that elements of both
ratings were in evidence; but, that the disability and ratable elements were better reflected by
the 10% description. 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 of the left leg venous insufficiency.
2 PD1200428
Lumbar Spine Condition. The CI experienced an onset of LBP during the same Saudi
deployment noted above. The clinical course, in fact, mirrored that of the leg condition; with
worsening during the 2003 mobilization; and, the back condition was added to the 2004 MEB
for the leg condition. Earlier clinical entries document left foot numbness, but no motor
symptoms or evolving radicular symptoms are in evidence. No definitive imaging studies or
surgical consultations are found for the lumbar spine condition. Outpatient entries during the
MEB period were concentrated on the extremity vascular condition, but a concurrent complaint
of back pain during those visits is found in various notes. Gross range‐of‐motion (ROM)
observations are sparse. An entry 14 months prior to separation noted “pain at the end range”
for flexion. No comments regarding impaired ROM or gait are found in any outpatient note
during the MEB period. Normal neurologic examinations are recorded. The NARSUM is
excerpted below.
However, just like with the leg pain, his pain would recur with physical activity. ... He reports that
with physical therapy he did get significant improvement of his pain, but again his pain recurs
every time he tries to perform physical activities. [CI] reports no trauma to his lower back area
and describes no other associated symptoms such as bowel and bladder dysfunction, paresthesia
of the lower extremities, or weakness of the lower extremities. His pain increases with bending
and prolonged standing or sitting and improves with rest, medications, and physical therapy.
The NARSUM physical exam noted a normal gait and no spinal tenderness, with normal
neurological findings. The 3 month post‐separation VA (general) C&P examiner did not
differentiate the pain and disability of the back condition from that of the extremity condition.
No radicular symptoms were reported. Normal gait and spinal contour was noted, although
lumbar spasm and tenderness were recorded; neurological findings were again normal. At the
6 month post‐separation VA (spine) C&P, the reported history reflected more severity and
some interference with daily activities. The only occupational limitation noted was heavy
lifting. At this point, radicular symptoms were reported (bilateral, left > right, distal
paresthesias) which had not surfaced in MEB records; and, were denied in the NARSUM. The 6
month examination noted normal gait and contour; palpable spasm and tenderness; and, no
weakness or neurological deficits. The MEB and post‐separation VA ROM evaluations are
summarized in the chart below.
Thoracolumbar ROM MEB ~4 Mo. Pre‐Sep
Flexion (90⁰ Normal)
VA C&P ~3 Mo. Post‐Sep
60⁰ (threshold for 20%)
VA C&P ~6 Mo. Post‐Sep
Combined (240⁰)
§4.71a Rating
80⁰
220⁰
10%
210⁰
20%
40⁰
150⁰
20%
The Board directs attention to its rating recommendation based on the above evidence. The
PEB’s 10% rating was IAW the VASRD §4.71a general spine formula for the ROMs in evidence.
The VA rating decision (VARD) relied on the ROM evidence from the 6 month spine exam. The
VARD justified its 30% rating as follows, “We have elevated the 20 to 30 percent since the
examiner indicates that you are additionally limited by pain; not additionally limited by
weakness, fatigue, or lack of endurance.” The VA examiner’s recorded comments in that regard
are confusing; since the numerical deductions listed would indicate that after repetition, all
forward and lateral spine motion was prohibited by pain. Members agreed, especially
considering the contradictory evidence, that no DeLuca based elevation of rating could be
supported for the Board’s recommendation. The Board is left in this case with a judgment
regarding probative value assignment to the Army or VA ROM evidence, with obvious
implications for the rating outcome. The VA evidence suggests a steadily worsening course
after separation with the emergence of bilateral radicular symptoms. The only evidence for the
latter was the left distal sensory symptoms in the 2004 entries. The VA evidence provides no
interim history of trauma or other aggravation in explanation of the worsened severity. There
is little corroborative evidence, although that which is available is consistent with the NARSUM
examiner’s ROM measurements. The Board must also acknowledge that VA rating evaluations
3 PD1200428
based on ROM rely on subjective pain thresholds which are patently associated with financial
incentive, thus inherently subject to some loss of objectivity. This notwithstanding, considering
the nature of the pathology and the VA clinical history, it can be easily accepted that the spine
condition clinically evolved after separation. Given the stable course preceding separation,
however, this development cannot be reasonably incorporated into the disability rating. After
due deliberation and mindful of reasonable doubt, members agreed that preponderant
probative value should be assigned to the MEB evaluation. Considering the totality of the
evidence, therefore, the Board concluded that there was insufficient cause to recommend a
change in the PEB rating of the lumbar spine condition. The PEB designated code remains
applicable.
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 left leg vascular condition and IAW VASRD §4.104, the
Board unanimously recommends no change in the PEB adjudication. In the matter of the
lumbar spine 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.
UNFITTING CONDITION
VASRD CODE RATING
7120
5299‐5237
COMBINED
10%
10%
20%
XXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200428
Venous Insufficiency, Left Leg
Chronic Low Back Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120521, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veterans Affairs Treatment Record.
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, AR20130000143 (PD201200438)
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
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200428
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