RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200560
SEPARATION DATE: 20020301
BOARD DATE: 20130102
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (19K/Armored Crewman) medically
separated for chronic low back pain (LBP), due to degenerative disc disease (DDD). He was
treated, but did not improve adequately to fully perform his military duties or meet physical
fitness standards. He was issued a permanent L3 profile and underwent a Medical Evaluation
Board (MEB). The MEB found his chronic LBP condition medically unacceptable, and referred
him to a Physical Evaluation Board (PEB). The PEB found the LBP condition unfitting, and rated
it 10% IAW DoD Instruction 1332.39. The CI accepted the PEB findings, and was medically
separated with 10% disability rating.
CI CONTENTION: “Condition has worsened and have been recently diagnosed with PTSD.”
SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44, 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 unfitting LBP condition meets the criteria prescribed in DoDI 6040.44
and is accordingly addressed below. The posttraumatic stress disorder (PTSD) which was
mentioned by the CI on the DD Form 294 is not within the Board’s purview. Any condition
outside the Board’s defined scope of review may be eligible for future consideration by the
Army Board for Correction of Military Records.
RATING COMPARISON:
ANALYSIS SUMMARY:
Low Back Pain (LBP). The CI injured his lower back in February 1998 while working on a tank,
and he has suffered from LBP ever since. He was seen by multiple providers, and many
different treatment options were tried, including; medication, physical therapy (PT), and
epidural steroid injections. He was evaluated by Neurosurgery, and it was determined that he
was not a surgical candidate. Despite all of his treatment, the LBP persisted and an MEB was
initiated. The MEB clinical evaluation was completed on 9 October 2001. At that exam, he was
in no acute distress. His gait was normal and heel‐toe walk was normal. There was some
tenderness to palpation (TTP), and forward flexion was limited to 60 degrees (with painful
motion). Motor strength testing was normal, but sensory testing showed a decrease in
sensation bilaterally. Straight leg raise (SLR) was positive on the right. His pain was rated as
Army PEB – dated 20011106
Condition
Chronic Low Back Pain
Code
5299‐5295
Rating
10%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
VA (8 mos. Post‐Separation) – All Effective 20020302
Condition
Rating
DDD, Lumbosacral Spine
20%
(No Other VA Rating Decision Entries from 2002/2003)
5293‐5292
Code
Exam
20021031
Combined: 20%
constant, slight. The diagnosis was radicular LBP with lumbar DDD. As noted above, the CI was
medically separated from the Army due to his unfitting LBP condition. On 31 October 2002,
8 months after separation, the CI had a VA Compensation and Pension (C&P) exam. At that
time, he reported that LBP was affecting his daily activities. His gait was normal and there was
no abnormal back curvature. He flexed at the waist to 45 degrees, and used his arms to get
back upright. He had pain with flexion, extension, and lateral bending. Neurological exam was
unremarkable.
The Board carefully reviewed all evidentiary information available. After consideration of the
clinical examinations noted above, the Board determined that the October 2001 MEB exam had
greater probative value since it was conducted closer to the date of separation. The C&P exam
was done 8 months after separation. The Board can use VA evidence proximal to separation in
arriving at its recommendations, but post‐separation evidence is probative only to the extent
that it reasonably reflects the disability and fitness implications at separation. The Board
determined that because it was done 8 months after separation, the probative value of the C&P
exam was somewhat diminished. However, clinical data from that October 2002 C&P exam was
taken into consideration by the Board in arriving at its rating recommendation.
The VA Schedule for Rating Disabilities (VASRD) coding and rating standards for limitation of
spine motion, which were in effect at the time of the CI’s separation, were modified in
September 2002, and then were changed again in September 2003. The older standards were
based on the rater’s opinion regarding degree of severity, whereas current standards specify
certain rating thresholds, with measured degrees for range‐of‐motion (ROM) impairment. IAW
DoDI 6040.44, the Board must use the VASRD coding and rating standards which were in effect
at the time of the CI’s separation from service in March 2002. After reviewing all the evidence,
the Board unanimously agreed that the most appropriate diagnostic code (DC) for the CI’s low
back condition was 5292. The degree of severity was best described as “moderate.” There was
insufficient evidence in the treatment record to support classifying the LBP condition as
“severe.” After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt), the Board recommends a rating of 20% for the 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. As discussed above, PEB
reliance on DoDI 1332.39 was operant in this case and the condition was adjudicated
independently of that instruction by the Board. In the matter of the chronic LBP condition, the
Board unanimously recommends a disability rating of 20%, IAW VASRD §4.3 and §4.71a.
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 his prior medical separation:
UNFITTING CONDITION
VASRD CODE RATING
Chronic Low Back Pain
5292
COMBINED
20%
20%
2 PD1200560
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 / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXX, AR20130000649 (PD201200560)
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 20% 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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
3 PD1200560
4 PD1200560
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