RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 200210531
NAME: XXXXXXXXXXXX
CASE NUMBER: PD1200510
BOARD DATE: 20121206
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (95B10/Military Police), medically separated
for a low back condition and pelvic pain condition. The CI did not improve adequately with an
invasive spine procedure for the low back condition or surgical treatment for the pelvic pain
condition and was unable to perform within her Military Occupational Specialty (MOS), meet
worldwide deployment standards or physical fitness standards. She was issued a permanent
P3/L3 profile and referred for a Medical Evaluation Board (MEB). Low back pain, status post
(s/p) intradiscal electrothermal therapy and severe pelvic adhesive disease were forwarded to
the Physical Evaluation Board (PEB) IAW AR 40‐501. Three other conditions, as identified in the
rating chart below, were also forwarded on the MEB submission. The PEB adjudicated chronic
low back pain s/p intradiscal electrothermal therapy and pelvic adhesive disease without
documented partial obstruction, as unfitting, rated 10% and 10%, with application of the
Department of Defense Instruction (DoDI) 1332.39 and AR 635‐40. The remaining MEB
conditions were determined to be not unfitting. The CI made no appeals and was medically
separated with a combined 20% disability rating.
CI CONTENTION: “Decision was made without complete assessment.”
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 low back and pelvic pain conditions
meet the criteria prescribed in DoDI 6040.44 for Board purview; and, are addressed below. The
Board agreed the CI’s contention did not identify the remaining PEB or VA conditions and
therefore agreed these contentions were not specifically requested in the application.
However, any condition or contention not requested in the 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 20020412
Condition
Code
Chronic LBP
Pelvic Adhesive Disease
Horner’s Syndrome
Rating
10%
10%
5299‐5295
7301
Not Unfitting
Granular Cell Tumor
Not Unfitting
Common Migraine
Not Unfitting
No Additional MEB/PEB Entries
VA (~4‐5 Mos. Post‐Separation) – All Effective Date 20020601
Condition
DDD of L4‐L5
Pelvic Adhesive Disease…
Horner’s Syndrome, R Eye
Scar, …Removal Granular Cell
Tumor, R Lung from R Chest
Residuals Removal Granular Cell
Tumor, R Lung w/Shortness Breath
Residuals Removal Granular Cell
Tumor, R Lung w/Limited Mobility
R Upper Extremity
Migraine Headaches
PTSD
Hypertension
7613‐7617
Code
5292
6019
7804
Rating
10%
50%
0%
10%
Exam
20021024
20021101
20021102
20021028
6820‐6844
10%
20021028
6844‐5203
8100
9411
7101
10%
10%
30%
10%
20021028
20021024
20021102
20021024
20021024
Not Service‐Connected x 2
Combined: 80%
Combined: 20%
ANALYSIS SUMMARY: The Board acknowledges the CI’s assertions that, “Decision was made
without complete assessment.” It is noted for the record that the Board has neither the
jurisdiction nor authority to scrutinize or render opinions in reference to asserted service
improprieties in the disposition of a case. The Board’s role is confined to the review of medical
records and all evidence at hand to assess the fairness of PEB rating determinations, compared
to VASRD standards, based on severity at the time of separation. It must also judge the fairness
of PEB fitness adjudications based on the fitness consequences of conditions as they existed at
the time of separation. The Board notes the VA ratings for other conditions documented at the
time of separation and for conditions not diagnosed while in the service (but later determined
to be service‐connected by the VA). While the Disability Evaluation System (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. The Department of Veterans Affairs (DVA), however, is
empowered to compensate all service‐connected conditions and to periodically re‐evaluate
said conditions for the purpose of adjusting the Veteran’s disability rating should the degree of
impairment vary over time.
Low Back Condition. The CI was on medical hold for her gynecologic condition when she was
first evaluated for a 4 year history of low back pain by neurosurgery. After an extensive
evaluation the neurosurgeon diagnosed degenerative disc disease (DDD) of L4‐L5 (lumbar) and
L5‐S1 (lumbar‐sacral). Her pain was significantly reproduced with a discogram at the L4‐L5 level
and thus she opted for a minimally invasive lumbar procedure, an intradiscal electrothermal
therapy, for definitive care which resulted in a good clinical response. However, she continued
to have low back pain when performing her duties. The permanent profile identified low back
pain and included the following limitations; no crawling, stooping, jumping, running, load‐
bearing equipment, physical training or testing, riding in tactical vehicles, lifting more than 20
pounds or standing for longer than 20 minutes. The commander’s statement was not in
evidence for consideration. 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.
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NARSUM ~12 Mo. Pre‐Sep
VA C&P ~5 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
§4.71a Rating
80
30
‐‐
‐‐
‐‐
‐‐
‐‐
Painful motion
10%
80
15
10
15
5
10
135
Guarded
10%
At the MEB exam, the CI reported pain was in the center of the low back, worsened with
activity, minimal sciatic pain or paresthesias and no urinary complaints. She reported
responding well to the lumbar spine procedure and was now taking nonsteroidal rather than
narcotic pain medications. She described the pain as half as severe as prior to the procedure of
5 of 10 in intensity. The MEB physical exam demonstrated mild myofascial pain, normal gait,
and normal neuromuscular findings. The magnetic resonance imaging (MRI) revealed lumbar
DDD at L4‐5 worse than L5‐S1 with a mild spinal stenosis at L4‐5. At the VA Compensation and
Pension (C&P) exam after separation, the CI additionally reported constant low back pain, 7 of
10 in intensity and loss of many days from work in the last year as a result of the back
condition. The C&P exam demonstrated slight antalgic gait which the examiner opined was
from her recent pelvic surgery, normal heel‐toe walking and normal neuromuscular findings.
X‐rays of the lumbosacral spine revealed a slight decrease in the L4‐5 intervertebral disc space.
The examiner diagnosed DDD of the lumbosacral spine, s/p intra‐discal electrothermal therapy,
but without objective evidence of lower extremity radiculopathy or muscle spasm.
The Board directs attention to its rating recommendation based on the above evidence. The
VASRD coding and rating standards for the spine, which were in effect at the time of the CI’s
separation, were changed to the current §4.71a rating standards on 26 September 2003. The
2002 standards for rating based on ROM impairment were subject to the rater’s opinion
regarding degree of severity, whereas the current standards specify rating thresholds in
degrees of ROM impairment. The two potentially applicable codes from the 2002 VASRD are
excerpted below:
5292 Spine, limitation of motion of, lumbar:
Severe ……………………………………………………..…………………………….................... 40
Moderate ...………………………………….………………………….…….………................... 20
Slight .……………………………………………………..……………………………..………………… 10
5295 Lumbosacral strain:
Severe; with listing of whole spine to opposite side, positive
Goldthwaite's sign, marked limitation of forward bending in
standing position, loss of lateral motion with osteo‐arthritic
changes, or narrowing or irregularity of joint space, or some
of the above with abnormal mobility on forced motion …………….. 40
With muscle spasm on extreme forward bending, loss of lateral spine
motion, unilateral, in standing' position ……………...…………..………… 20
With characteristic pain on motion …………………………..……………..……...……... 10
With slight subjective symptoms only ………………………..……...………………..….. 0
The MEB and VA assigned a 10% rating for the CI’s low back condition; however chose different
codes but this did not bear on rating. The 20% rating for the MEB’s chosen code 5295 is fairly
specifically defined as noted above. The CI’s condition clearly did not meet the criteria for a
rating higher than 10% under the 5295 code based on either the MEB or the VA examinations.
3 PD1200510
The Board also considered the VA chosen code 5292 for limitation of spine motion. The Board
agreed neither exam supports a “moderate” 20% rating under that code. There is no evidence
of ratable peripheral nerve impairment which would provide for additional or higher rating.
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 low back condition.
Pelvic Pain Condition. Over the course of 6 years the CI underwent pain management with
narcotic pain medications, hormonal therapy and several gynecologic surgeries for chronic
pelvic pain. The surgeries included; myomectomy (fibroid extraction from the uterus),
laparoscopic lysis of adhesions and abdominal removal of the uterus, left fallopian tube and
ovary for uterine fibroids and pelvic pain. She was placed on medical hold for a medical board
for persistent chronic pelvic pain. While on medical hold she had more gynecologic symptoms
including continued pelvic pain and vaginal bleeding and was noted to have a right adnexal
mass on ultrasound. She opted for surgery with removal of the right fallopian tube and ovary.
Final pathology revealed benign follicular cyst, adhesions of the fallopian tube to the ovary, no
frank evidence of endometriosis or neoplasm. Final diagnosis was chronic pelvic pain
secondary to severe pelvic adhesive disease involving the right ovary to the vaginal cuff. At
follow‐up exam a month after surgery the CI reported significant improvement from the
preoperative pain. The postoperative physical exam demonstrated well healed ventral incision
and normal post operative pelvic exam. The examiner diagnosed severe pelvic adhesive
disease, s/p surgical intervention. At the C&P exam after separation, the CI reported some pain
at the right edge of the surgical scar, otherwise no gynecological complaints. There was no VA
exam and the examiner referenced the postoperative examination referenced above.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA chose different coding options for the condition which had significant implications
on the rating for the Board to consider. The PEB assigned a 10% rating coded 7301
(Peritoneum, adhesions of) IAW §4.114—Schedule of ratings–digestive system for moderate
pain, without documented partial obstruction. The Board agreed this code choice is not
specifically consistent with the clinical pathology. The VA assigned a 50% rating with an
analogous code 7613‐7617 (Uterus and both ovaries, removal of, complete) IAW §4.116—
Schedule of ratings–gynecological conditions and disorders of the breast. The Board agreed the
removal of the uterus and bilateral ovaries is not the reason for her functional impairment but
rather the pain from the pelvic adhesive disease. The Board considered the 7614 (Fallopian
tube, disease, injury, or adhesions of (including pelvic inflammatory disease [PID]) and 7615
(Ovary, disease, injury, or adhesions of) VASRD codes, both of which best capture the clinical
pathology. The Board agreed after the final surgery the evidence supports the 0%, non
compensable, rating criteria, symptoms that do not require continuous treatment under either
of these codes. However, the Board's recommendation may not produce a lower combined
rating than that of the PEB. Since an alternative VASRD code confers no rating benefit, no
change is recommended. 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 pelvic 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. The Board did not
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD
were exercised. As discussed above, PEB reliance on DoDI 1332.39 for rating the low back and
pelvic pain condition was operant in this case and the condition was adjudicated independently
of that instruction by the Board. In the matter of the low back and pelvic pain condition and
4 PD1200510
IAW VASRD §4.71a and VASRD §4.116 respectively, 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
5299‐5295
10%
10%
20%
7301
COMBINED
UNFITTING CONDITION
Chronic Low Back Pain
Pelvic Adhesive Disease
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120602, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
5 PD1200510
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 XXXXXXXXXXXXXXXX, AR20120022707 (PD201200510)
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
6 PD1200510
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