RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20031215
NAME: XXXXXXXXXXXXXXXX
CASE NUMBER: PD1200567
BOARD DATE: 20121109
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty PFC/E‐3 (13B/Cannon Crewman) medically separated
for chronic back pain. He was initially injured moving boxes of artillery ammunition in Korea;
approximately in August 2002 He was treated with medication, chiropractic and physical
therapy, but could not be adequately rehabilitated to meet the physical requirements of his
Military Occupational Specialty (MOS) or physical fitness standards. The CI was issued a
permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
“degenerative disk disease and chronic lumbago with radiculopathy”, citing AR 40‐501 (para 3‐
39e), to the Physical Evaluation Board (PEB). No other conditions were identified or submitted
by the MEB. The PEB adjudicated “chronic back pain, without neurologic abnormality, with
limitation of motion due to pain with localized tenderness” [sic] as unfitting; rated at 10%. The
CI made no appeals and was medically separated with a 10% disability rating.
CI CONTENTION: “Condition has worsened to include more pain.”
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in
Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to
those conditions 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.” Accordingly, the rating for the single specified unfitting condition of
chronic back pain 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:
Service PEB – Dated 20031121
Condition
Code
Chronic Back Pain
5299‐5237
Combined: 10%
Rating
10%
VA (~1 Mo. Pre‐Separation) – Effective 20031216
Rating
10%
Code
5343
Condition
Degenerative Disc Disease w/ Herniated Disc
Exam
20031125
Combined: 10%
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. 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. The DES
has neither the role nor the authority to compensate members for anticipated future severity
or potential complications of conditions resulting in medical separation nor for conditions
determined to be service‐connected by the Department of Veterans Affairs (DVA) but not
determined to be unfitting by the PEB. However the DVA, operating under a different set of
laws (Title 38, United States Code), 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. 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.
Chronic Back Pain Condition.
There were three goniometric range‐of‐motion (ROM)
evaluations in evidence which the Board weighed in arriving at its rating recommendation, with
documentation of additional ratable criteria, are summarized in the chart below.
Thoracolumbar ROM
(Degrees)
Flexion (90⁰ Normal)
Extension (30⁰)
Combined (240⁰)
Comment
Neurosurgery
~3 Mo. Pre‐Sep
(20030905)
70⁰
30⁰
220⁰
Tenderness.
Gait normal.
No radiculopathy.
MEB
~2 Mo. Pre‐Sep
(20031008)
65⁰
20⁰
190⁰
VA C&P
~ 1 Mo. Pre‐Sep
(20031125)
50⁰ (48⁰)
10⁰ (12⁰)
165⁰
Tenderness.
“Without significant spasm”
Gait normal.
Posture normal.
No radiculopathy.
ROM to pain onset.
No tenderness.
No spasm.
Gait normal.
Posture normal.
No radiculopathy.
§4.71a Rating
10%
10%
20%
Magnetic resonance imaging (MRI) performed on 25 June 2003 demonstrated the presence of
degenerative disc disease (DDD) at L3‐4 and L4‐5, with a small central protrusion of the L3‐4
disc without neuroforaminal stenosis, and a minor left L4‐5 neuroforaminal protrusion.
Neurosurgery evaluation performed on 5 September 2003 documented chronic low back pain
without radiation of pain. On examination, the ROM was slightly reduced as recorded in the
chart. There was tenderness. There were no objective findings of radiculopathy (normal
strength, reflexes, sensation, and negative provocative maneuvers for nerve root irritation).
Gait was normal. Non‐surgical treatment was advised. The MEB narrative summary
(NARSUM), performed on 30 September 2003 recorded continued back pain exacerbated by
strenuous activity including lifting. The CI denied the presence of radicular pain. On
examination, ROM was slightly reduced compared to the neurosurgery examination a month
before. There was tenderness “without significant spasm”. Gait and posture were normal. The
examiner thought there was “mild levoscoliosis” present on physical examination, but scoliosis
X‐rays performed the same day reported there was no scoliosis present. There were no
objective findings of radiculopathy (normal strength, reflexes, sensation, and negative
provocative maneuvers for nerve root irritation). The VA Compensation and Pension (C&P)
examination was 25 November 2003, 3 weeks before separation. The CI reported aching back
pain exacerbated by activity and was unable to jog or jump. He denied incapacitation and
stated he could function with medication. On examination, the ROM values recorded were for
onset of pain. Motion past onset of pain was not recorded. The examiner noted that pain was
the major functional impact and that function was not additionally limited by fatigue,
weakness, lack or endurance or incoordination. There was no examination evidence of
radiculopathy. The Board directs attention to its rating recommendation based on the above
evidence. The ROM evidence from the neurosurgery and MEB NARSUM examinations support
the 10% rating. Although the MEB NARSUM examiner noted “without significant spasm” and
“mild levoscoliosis” suggestive of findings supportive of a 20% rating, X‐rays the same day
excluded the presence of levosoliosis or abnormal spinal contour. All other examinations did
not find muscle spasm or abnormal contour, and gait was normal in all examinations. The
Board noted that the flexion reported by the C&P examiner merited consideration of a 20%
2 PD12‐00567
rating. However the ROM reported by the examiner was not the full ROM, rather, it was the
ROM at which there was onset of pain. The C&P ROM values were not consistent with prior
examinations and were not explained by a new injury. The Board also noted that previous
tenderness was absent and that there was no muscle spasm with normal posture and gait.
Although more than a year after separation, the Board noted the C&P examination July 2008
with a ROM examination (flexion 85 degrees, combined 210 degrees) that was similar to the
neurosurgery examination from 5 September 2003 leading the Board to conclude that the
neurosurgery and MEB NARSUM examinations more consistently reflected the disability at the
time of separation. There was no evidence of incapacitating episodes due to intervertebral disc
disease that would meet the criteria for a minimum rating under the alternative formula for
incapacitating episodes due to intervertebral disease. There was no evidence of an unfitting
peripheral nerve impairment in this case. 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 chronic back 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. In the matter of the chronic back pain 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:
UNFITTING CONDITION
VASRD CODE RATING
5299‐5237
COMBINED
10%
10%
Chronic Back Pain
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.
XXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
3 PD12‐00567
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20120022719 (PD201200567)
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
XXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD12‐00567
AF | PDBR | CY2014 | PD-2014-02147
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The range-of-motion (ROM) and neurological examination were normal. The radiculopathy condition was reviewed and considered by the Board.
AF | PDBR | CY2012 | PD-2012-01477
Pre‐Separation) Effective Date 20020205 Exam Code 5293 Rating 10%* Rating 10% Condition Intervertebral Disc Syndrome 0% 2 # / Not Service‐Connected x 4 Combined: 10% 20011106 20011106 ANALYSIS SUMMARY: Chronic Mechanical Low Back Pain Condition. The Board considered the 20% rating however there was no evidence of muscle spasm on forward bending or unilateral loss of lateral motion on either the MEB examinations or the C&P examination to support the 20% rating. Service Treatment...
AF | PDBR | CY2013 | PD-2013-01815
The VA physical examination revealed normal gait and posture. The Board additionally considered if the symptomatic lower extremity radiculopathy warranted an additional disability rating; but, members agreed that the requisite link of the neuropathy symptoms with functional impairment was not in evidence. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination.
AF | PDBR | CY2012 | PD-2012-00165
Physical examination revealed a left limp, level pelvis, slight tenderness to palpation of the right and left paralumbar muscles, and no muscle spasm. The Board noted the MEB examinations were more proximate to the time of separation, and that the VA spine examination was consistent with the MEB examination. Thirteen months after separation, the C&P examination documented the CI did not seek medical treatment for this condition and only occasionally took over the counter medications for pain.
AF | PDBR | CY2014 | PD-2014-01033
The Informal PEB adjudicated “lumbar degenerative disc disease”as unfitting, rated 10%, with likely application of the VA Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to be not unfitting.The CI made no appeals and was medically separated. The CI was also noted to have a tender left foot and the abnormal gait was also cited here. The Board noted that the VA C&P examination was the only time an abnormal gait was recorded in the records in evidence.
AF | PDBR | CY2012 | PD2012-01106
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW SEPARATION DATE: 20020815 NAME: XXXXXXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1201106 BOARD DATE: 20121102 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SSG/E-6 (92Y30 / Unit Supply Specialist), medically separated for degenerative disc disease (DDD) with low back pain and sciatic pain without neurologic abnormality or documented...
AF | PDBR | CY2012 | PD2012-00429
The Physical Evaluation Board (PEB) adjudicated the non-radicular chronic LBP with L4/5 herniated disc and L5 Grade I spondylolisthesis conditions as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Post-Separation) – All Effective Date 20070816 Code Rating Condition Code Rating Exam 5299-5237 10% Spondylolisthesis of the Lumbar Spine 5239 0% 20080213 Condition Non-radicular Chronic Low Back Pain with L4/5 Herniated Disc and L5 Grade I...
AF | PDBR | CY2012 | PD-2012-01569
The CI was given several profiles for his neck. The CI did have minimal tenderness at the prior to separation neurological consultation and had slight tightness of the neck muscles at the MEB examination in addition to the positive MRI findings. A neurosurgical consult to the MEB on 26 March 2002 (10 months prior to separation) noted normal gait, normal ROM of the lumbar spine, and normal sensation, strength, and reflexes.
AF | PDBR | CY2012 | PD-2012-00396
in evidence, with Back Condition. A 14 February 2006 PT note documented normal ROM for the back. At a follow‐up PT visit a week after the above ROM values, he was normal to have normal motion of the back.
AF | PDBR | CY2013 | PD-2013-02240
Low Back and Left Leg Pain Condition. Despite additional treatment the CI continued to report primarily back pain with some numbness/tingling to the left thigh area, but was noted to have good strength, sensation and reflexes.A repeat myelogram did not indicate any further nerve compression and no further surgical intervention was recommended.At the MEB examination performed on 9 March 2005, approximately 4 months prior to separation, the CI reported chronic pain increased by activity and...