RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200702 SEPARATION DATE: 20031112
BOARD DATE: 20130129
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E-5 (63T/Bradley Fighting Vehicle System
Mechanic), medically separated for chronic pain left posterior shoulder girdle. The CI first
noted neck and shoulder pain in 2001 after lifting duffle bags all night. He was reinjured after a
fall and developed chronic left posterior shoulder girdle pain condition. Despite treatment, the
CI did not improve adequately to meet the physical requirements of his Military Occupational
Specialty (MOS) or satisfy physical fitness standards. He was issued a permanent U3L3 profile
and referred for a Medical Evaluation Board (MEB). The MEB determined the left posterior
shoulder girdle myofascial pain and dysfunction to be medically unacceptable and forwarded it
to the Physical Evaluation Board (PEB) for adjudication. The MEB forwarded no other
conditions to the PEB. The PEB adjudicated the chronic left posterior shoulder girdle pain
condition as unfitting, rated 20%, with application of the Veterans Affairs Schedule for Rating
Disabilities (VASRD) and the US Army Physical Disability Agency (USAPDA) pain policy. The CI
made no appeals and was medically separated with a 20% disability rating.
CI CONTENTION: In Items #3 and 4, the CI entered See Attachments.
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 unfitting chronic pain left posterior
shoulder girdle condition meets the criteria prescribed in DoDI 6040.44 for Board purview, and
is accordingly addressed below. The remaining conditions rated by the VA at separation
(lumbosacral strain and chronic daily headaches) and implied on the DD Form 294 are not
within the Boards purview. Any conditions or contention not requested in this application, or
otherwise outside the Boards defined scope of review, remain eligible for future consideration
by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service IPEB Dated 20030806
VA (2 Mos. Pre-Separation) All Effective Date 20031113
Condition
Code
Rating
Condition
Code
Rating
Exam
Chronic pain L shoulder girdle
5099-5003
20%
Myofascial pain
strains.
5099-5025
20%
20030924
.No Additional MEB/PEB Entries.
0% X 2 / Not Service-Connected x 0 / Deferred x 1
Combined: 20%
Combined: 20%
*VARD 20031117 awarded 0% for lumbosacral strain (5237) and chronic daily headache (8199-8100) and deferred and later
denied (20040202) the rating of temporomandibular joint dysfunction (9999-9905).
ANALYSIS SUMMARY:
Chronic pain left posterior shoulder girdle condition. The CI first had upper back and neck pain
in 2001 after lifting heavy bags. He responded well to conservative management, but then fell
from an M-88 recovery vehicle with recurrence of his symptoms. Conservative management
including medications, injections, physical therapy, biofeedback and narcotics failed to resolve
his symptoms. His treatment was complicated by narcotic dependence. The Board noted that
his initial accession was delayed by a positive urine drug screen for marijuana use and that he
had denied use on the history. At a 27 March 2003 physical medicine visit, 8 months prior to
separation, he diagnosed with myofascial pain syndrome (MPS) with multiple trigger points
present. Two weeks later he was in a motorcycle accident, but had shown no improvement in
his symptoms prior to the accident, leading to a U3 profile and referral to MEB. The narrative
summary (NARSUM) was dictated 20 May 2003, 6 months prior to separation. The CI reported
regional left thoracic paraspinal, interscapular and posterior shoulder girdle pain with multiple
tender/trigger points. The pain was aggravated by all activities associated with his MOS. On
examination, his sensation, strength and reflexes were normal in both upper extremities. The
anterior musculature was well developed compared to the posterior. Trigger points were
noted in the muscles of the left posterior shoulder. Overhead motion aggravated his pain. Two
signs of non-organic pain were present. It was also noted that radiological studies have
revealed no attributable deformity. At the MEB examination on 5 June 2003, 5 months prior
to separation, the examiner noted no specific findings. On 22 August 2003, a magnetic
resonance imaging (MRI) of the cervical spine was normal. The VA Compensation and Pension
(C&P) examination was accomplished 24 September 2003, 3 months prior to separation. The CI
reported continued pain in the left posterior shoulder and upper back. He was noted to be
right dominant and to have a normal posture and gait. The extremities were symmetric on
examination and without atrophy or swelling. The range-of-motion was full for the neck and
bilaterally for both shoulders. Sensation, strength and reflexes were normal. There was no
tenderness.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the shoulder pain as 5099-5003, analogous to degenerative arthritis, and rated it at
20% using the VASRD and the, since rescinded, USA pain policy. The VA also rated the shoulder
condition at 20%, but coded it as 5099-5025, analogous to fibromyalgia. The Board considered
both coding options, but determined that neither provided an advantage to the CI. Board
precedent is that the PEB code be retained unless a different code provides an advantage to the
CI. The Board noted that the examination of the left shoulder was essentially normal other
than the presence of trigger points. 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 chronic pain left posterior
shoulder girdle 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 the USAPDA pain policy for rating chronic pain left posterior shoulder girdle was
operant in this case and the condition was adjudicated independently of that policy by the
Board. In the matter of the chronic pain left posterior shoulder girdle condition and IAW
VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication. There
were no other conditions within the Boards scope of review for consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CIs disability and separation determination, as follows:
UNFITTING CONDITION
VASRD CODE
RATING
Chronic pain left posterior shoulder girdle
5099-5003
20%
COMBINED
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxx, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
xxxxxxxxxxxxxx, AR20130007510 (PD201200702)
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 Boards
recommendation and hereby deny the individuals 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 xxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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