RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20030501
NAME: XXXXXXXXXXXXXXX
CASE NUMBER: PD1200482
BOARD DATE: 20130108
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (73C/Military Pay Clerk) medically separated
for chronic anterior chest wall pain. The CI suffered a fall in December 2000 and subsequently
developed anterior chest wall pain in February 2001. After an extensive evaluation failed to
reveal a cause for the pain and medications did not adequately control her pain, she was unable
to meet the physical requirements of her Military Occupational Specialty or satisfy physical
fitness standards. She was issued a permanent U3 profile and referred for a Medical Evaluation
Board (MEB). The MEB identified and forwarded only the chronic chest wall pain condition for
Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic anterior chest
wall pain condition as unfitting and rated it 0% with apparent application of the US Army
Physical Disability Agency (USAPDA) pain policy. The CI made no appeals, and was medically
separated with a 0% disability rating.
CI CONTENTION: “Unable to do any physical activity (walk far, run, exercises). I get out of
breath when playing with children. I get migraines everyday and take over the counter
medicine. Stay in dark rooms”.
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 rating for
the unfitting, chronic anterior chest wall pain condition will be reviewed. The other requested
condition, migraine, is 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:
*5299‐5297 increased to 10% effective 20040715; 8199‐8100 increased to 10% effective 20040719; Combined rating increased
to 10% effective 20040715 then to 20% effective 20040719
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which her service‐incurred condition continues to
burden her. 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
Service IPEB – Dated 20030306
Condition
Code
5099‐5003
Rating
0%
Chronic Anterior Chest
Wall Pain
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
VA (4.5 Mos Post‐Separation) – All Effective Date 20030502
Condition
Costochondritis (claimed as
chest pains)
Tension Headaches (claimed as
migraines)
Code
5299‐5297
Rating
0%*
8199‐8100
0%*
Exam
20030827
20030827
20030827
Not Service‐Connected x7
Combined: 0%*
by Congress to the Department of Veterans Administration (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 6040.44, however, resides in evaluating the fairness of DES fitness
determinations and rating decisions for disability at the time of separation. The Board further
notes that the presence of a diagnosis, in and of itself, is not sufficient to render a condition
unfitting and ratable. While the DES considers all of the member's medical conditions,
compensation can only be offered for those medical conditions that cut short a member's
career, and then only to the degree of severity present at the time of final disposition.
However, the DVA, operating under a different set of laws (Title 38, United States Code), is
empowered to periodically re‐evaluate veterans for the purpose of adjusting the disability
rating should the degree of impairment vary over time.
Chronic Anterior Chest Wall Pain Condition. At the MEB exam accomplished 6 months prior to
separation, the CI reported having “pressure on her chest when pressure was applied” and also
when exercising. She reported trouble sleeping due to chest pains and had been treated in an
emergency room for her chest pain. The MEB physical exam noted pain with palpation over the
sternum and anterior ribs primarily along rib number three bilaterally.
The narrative summary (NARSUM) prepared 3 months prior to separation noted that the CI had
no past medical problems and no history of chest pain prior to entering the Army. She
completed her training without complications. In December 2000, she slipped on the ice and
hit her head. There was no loss of consciousness and she was treated and released to home. In
February 2001, she began experiencing retrosternal chest discomfort. It initially began with
doing push‐ups and would last one to two minutes with sharp pain that would then resolve on
its own. This progressed to chest wall pain when running, that was located in the retrosternal
area with no radiation but a sharp stabbing quality lasting one to two hours. The CI denied any
alleviating factors and had no other symptoms of diaphoresis, nausea, vomiting or shortness of
breath. She stated that the symptoms were worsening and that they occurred with minimal
activity, not just exertional activity, and the sharp chest pain sometimes lasted through the
night. There was no change in the location of pain and there was no radiation from this area.
She had tried heating pad, ice, cold compresses and nightly medications. She was evaluated by
many specialists to include general and thoracic surgeons, mental health providers, a
neurologist and a rheumatologist. All specialists concluded that the CI had costochondritis and
all recommended various anti‐inflammatory and oral pain medications. Her medication
regimen was: Tylenol as needed, Prozac once daily and Elavil once at night. The physical
examination revealed the CI was in no acute distress. Her neck was soft and had a full range‐of‐
motion (ROM) with no lymphadenopathy. Her lungs were clear to auscultation bilaterally; her
heart had a regular rate and rhythm with no murmurs. Palpation of the chest wall caused much
discomfort over the sternal and costochondral areas bilaterally. There were no obvious skin
changes, no rashes on the chest wall and no obvious bony deformities. Her abdomen was soft
with no hepato‐splenomegaly and was non‐tender to palpation. The CI had numerous lab tests
that were all normal. She also had a chest X‐Ray, chest CT and a bone scan of the sternal area;
all were normal.
At the VA Compensation and Pension (C&P) exam accomplished 3 months after separation, the
CI reported having had sternal area pain frequently, worse after lifting, prolonged walking, or
occasionally after being in the "wrong sleep position." She had a full cardiology workup without
finding any cardiac problem. Her diagnosis was chronic moderate to severe costochondritis.
Physical exam was significant for her chest being symmetrical and clear to auscultation with
pain on even moderate pressure with the stethoscope. The chest wall pain was worse with
even moderate and minor compression of the chest wall laterally. Pain was mid‐sternal,
radiating to the lateral chest bilaterally. Her heart sounds were normal, without murmur,
2 PD1200482
gallop, or rub. There was no peripheral edema. A repeat C&P in January 2005 was essentially
unchanged.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB applied the analogous code of 5099‐5003 and rated it 0%, for moderate intermittent pain,
specifically using language from the USAPDA pain policy. The VA also applied an analogous
code of 5299‐5297 and initially rated it 0% and increased the rating to 10% 14 months after
separation. The initial VA rating noted that a non‐compensable evaluation is assigned unless
one rib has been removed or two or more ribs have been resected without regeneration, while
later the VA rating document noted an increased evaluation of 10% because the evidence
showed this was equivalent to a superficial scar that was painful on examination. There is no
specific VASRD code for costochondritis so it must be coded analogously to a disability in which
not only the function is affected, but anatomical localization and symptoms, are closely related.
Therefore, the Board considered the analogous codes used by the PEB and VA along with
another possible code of 5321. The VASRD code 5321, Thoracic muscle group, more closely
meets the guidance present in §4.20, analogous ratings, and therefore will be used in this case.
The VASRD in effect at the time of separation utilized the subjective criteria of slight, for a 0%
rating; moderate, for a 10% rating and moderately severe or severe for a 20% rating for rating
purposes under code 5321. The CI’s chest wall pain was greater than slight as it caused
symptoms daily and interfered with activity surpassing the 0% rating threshold. Because her
pain was not responsive to daily anti‐inflammatory medications and occasionally interfered
with her sleep, it was adjudged to be consistent with moderate and a 10% rating. At the time
of separation, the CI’s chest wall pain did not require chronic narcotic medications or interfere
with her sleep on a more consistent basis which would be required for the next higher severe
or moderately severe, 20%, rating. After due deliberation, considering all of the evidence and
mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of
moderate, 10%, for the chronic anterior chest wall pain 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. As discussed above, PEB
apparent reliance on the USAPDA pain policy for rating chronic anterior chest wall pain was
operant in this case and the condition was adjudicated independently of that policy by the
Board. In the matter of the chronic anterior chest wall pain condition, the Board, by a majority
vote, recommends a disability rating of 10%, coded 5299‐5321 IAW VASRD §4.73. The single
voter for dissent, who recommended no recharacterization of the PEBs initial adjudication,
elected not to submit a minority opinion. There were no other conditions within the Board’s
scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of her prior medical separation:
VASRD CODE RATING
5399‐5321
COMBINED
10%
10%
Chronic anterior chest wall pain condition
UNFITTING CONDITION
3 PD1200482
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120604, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
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 XXXXXXXXXXXXXX, AR20130000861 (PD201200482)
1. 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 to modify the individual’s disability rating to 10% without recharacterization
of the individual’s separation. This decision is final.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200482
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