RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200761 SEPARATION DATE: 20020116
BOARD DATE: 20121218
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a National Guard Soldier, SGT/E‐5 (45E, assigned to a Hull Systems
Mechanic slot, 63E), medically separated for chronic low back pain (LBP) accompanied by neck
pain with degenerative disc disease (DDD) at L4/L5 and L5/S1. The CI fell while carrying a tool
box while on duty and developed persistent back pain. The neck injury occurred in 1981 while
he was in bed, he reached up and grasped the head of the bed to pull him up and had a sudden
onset of neck pain. Despite physical therapy (PT), non steroidal anti‐inflammatory drugs
(NSAIDS), chiropractor, physical medicine, orthopedic and neurosurgical evaluations, the CI
failed to meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy
physical fitness standards. He was issued a permanent L3 profile and referred for a Medical
Evaluation Board (MEB). The MEB forwarded LBP with radiation and DDD as medically
unacceptable IAW AR 40‐501. The MEB forwarded no other conditions for Informal Physical
Evaluation Board (IPEB) adjudication. The IPEB adjudicated the chronic LBP accompanied by
neck pain with DDD at L4/L5 and L5/S1 as unfitting, rated 0%, with application of the Veteran’s
Affairs Schedule for Rating Disabilities (VASRD). The CI appealed to the Formal PEB (FPEB). The
FPEB appeal resulted in a changed final adjudication from that of the IPEB, from 0% to 10%.
The CI filed a rebuttal to the FPEB decision with the US Army Physical Disability Agency
(USAPDA). The USAPDA upheld the FPEB decision. The CI was separated with a 10% disability
rating.
CI CONTENTION: The CI states: “I believe it was unjust for the military to tell me I was unfit for
duty (as a soldier) do [sic] to my medical condition. However they weren’t willing to give me a
medical discharge‐since I was injured on active duty. Which the Board has all of the records
proving this at the time of the review, when I was in front of the Board at Walter Reed Medical
[sic]. I was told I would get a cash buy out and nothing else. (Please remember all injuries
occurred while on active duty). They made me take my Army National Guard retirement. I
truly believe had they really reviewed my folder, they would have made a different decision. I
say this because they didn’t know that I had already served my country 20+ years at that time,
and not they told me—sorry your [sic] unfit! Medically—But didn’t reward me the benefits for
myself & family—retirement pay until I become 60 yrs. of age.”
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. 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 FPEB – Dated 20010817
Condition
Code
Rating
Chronic Low Back Pain
Accompanied by Neck
Pain with DDD at L4/L5
and L5/S1
5299‐5295
10%
VA (5 Mos. Post‐Separation) – All Effective Date 20010302
Condition
Degenerative Intervertebral Disc
Disease, L‐Spine, L3‐4 and L5‐S1
Degenerative Intervertebral Disc
Disease, C‐Spine
Code
5293
Rating
20%
Exam
20020603
5290
20%
20020603
↓No Addi(cid:415)onal MEB/PEB Entries↓
0% X 0 / Not Service‐Connected x 0
20020603
Combined: 10%
Combined: 40%
ANALYSIS SUMMARY: The Board acknowledges the CI’s assertions that he was not given a
medical discharge. It is noted for the record that the Board has neither the jurisdiction nor
authority to scrutinize or render opinions in reference to the CI’s statements in the application
regarding suspected improprieties in the processing of his 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 PEB combined the chronic LBP accompanied by neck pain with DDD at L4/L5 and L5/S1
condition as a single unfitting condition, coded analogously to 5295 and rated 10%. This coding
approach is countenanced by AR 635‐40 (B.24 f.), but IAW DoDI 6040.44 the Board must apply
only VASRD guidance to its recommendation. The Board must therefore apply separate codes
and ratings in its recommendations if compensable ratings for each joint are achieved IAW
VASRD §4.71a. If the Board judges that two or more separate ratings are warranted in such
cases, however, it must satisfy the requirement that each “unbundled” condition was unfitting
in and of itself.
Chronic Low Back Pain Condition: The Board first considered whether the LBP condition, having
been de‐coupled from the combined PEB adjudication, remained independently unfitting as
established above. The CI was issued a permanent profile related to the low back pain
condition in November 1997 and his commander’s letter from February 2001 stated he was
unable to perform any heavy lifting and physically demanding tasks required for his MOS. All
members agreed that the LBP, as isolated condition, would have rendered the CI incapable of
continued service within his MOS; and, accordingly merits a separate rating.
There was one range‐of‐motion (ROM) evaluation in evidence, with documentation of
additional ratable criteria, which the Board weighed in arriving at its rating recommendation; as
summarized in the chart below.
2 PD1200761
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)
MEB ~8 Mo. Pre‐Sep
VA C&P ~5 Mo. Post‐Sep
No ROM’s
N/A
45⁰*
5⁰*
10⁰
10⁰
10⁰
10⁰
90⁰
Comment
No tenderness to palpation; no
straight leg raise; reflexes
intact; motor/sensory normal
§4.71a Rating
5292
5293
5295
20%
* With pain; left leg limp; normal lumbar curve; positive
tenderness to palpation of lower lumbar paraspinal muscles
bilaterally; straight leg raise to 45⁰ caused back pain;
motor/sensory normal; patellar reflexes present and
symmetrical +1; Achilles reflexes absent bilaterally
N/A without ROM Description
N/A without ROM Description
20%
20%
10%
The CI had a low back injury in 1996. The CI was seen by neurosurgery for LBP and was then
referred to Rehabilitation Medicine for back and neck pain syndrome. The lumbar spine
magnetic resonance imaging (MRI) demonstrated L4‐5 mild diffuse disc bulging with a small disc
herniation and at L5‐S1 slight disc space narrowing with a mild diffuse disc bulge and mild
degenerative disc changes in the facet joints. The MEB narrative summary (NARSUM)
examination 8 months prior to separation noted persistent daily LBP and difficulty with vigorous
activities, pain with radiation to the left and occasionally to the right. The NARSUM physical
exam findings are summarized in the chart above. No ROM measurements were recorded at
the time of the NARSUM examination but a physical therapy evaluation performed in
November 1996 noted a 30% reduction in lumbar flexion. Outpatient notes from orthopedics
document occasional right leg pain. The VA Compensation & Pension (C&P) examination 5
months after separation indicated continuous LBP, left leg pain and with coughing and sneezing
and twice‐yearly flare‐ups without a specific precipitating event. There were functional
limitations of an inability to kneel, squat, or stoop, stand or sit for any length of time and
automobile travel. The C&P physical exam findings are summarized in the chart above.
The CI sought care from a civilian chiropractor who documented constant and moderately
severe pain and stiffness in the lower back radiating to buttocks and both legs. Lumbar spine X‐
rays done at this visit revealed abnormalities of the lower thoracic and lumbar spine suggestive
of Myositis. In October 2002, the chiropractor, based on MRI’s and X‐rays, noted early stages of
osteoarthritis in the thoracic spine (T10‐12) and osteophyte formation at L2 along with disc
bulges and herniations at L3‐S1.
The chronic LBP accompanied by neck pain with DDD at L4/L5 and L5/S1 was rated IAW the
2002 VASRD standards which are no longer in effect. The 2002 Veterans’ Administration
Schedule for Rating Disabilities (VASRD) coding and rating standards for the spine, which were
in effect at the time of separation, were changed in 23 September 2002 for code 5293
(intervertebral disc syndrome) criteria, and then changed to the current §4.71a rating standards
in 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 pertinent 5293 criteria also specifically included
symptoms compatible with sciatica which were present in this case. (NOTE: The current VASRD
general spine formula does not include similar 5293 criteria). For the reader’s convenience, the
2002 rating codes under discussion in this case are excerpted below.
3 PD1200761
Severe........................................................... 40
Moderate...................................................... 20
Slight.............................................................. 10
5292 Spine, limitation of motion of, lumbar:
5293 Intervertebral disc syndrome:
Pronounced; with persistent symptoms compatible with sciatic
neuropathy with characteristic pain and demonstrable muscle
spasm, absent ankle jerk, or other neurological findings
appropriate to site of diseased disc, little intermittent
relief..................................................................
60
Severe; recurring attacks, with intermittent relief........... 40
20
Moderate; recurring attacks...........................................
Mild................................................................................
10
Postoperative, cured.......................................................
0
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 osteoarthritic
changes, or narrowing or irregularity of joint
space, or some of the above with abnormal mobility on forced
40
motion........................................................................
20
10
With muscle spasm on extreme forward bending, loss of lateral
spine motion, unilateral, in standing position...............
With characteristic pain on motion..........................................
The Board directs attention to its rating recommendation based on the above evidence. As
discussed above the PEB combined two conditions and assigned an overall 10% rating. The VA
coded the Degenerative Intervertebral Disc Disease, L‐Spine, L3‐4 and L5‐S1 as 5293
Intervertebral Disc Syndrome rated 20% (Moderate recurring attacks). The MEB NARSUM
examiner indicated persistent daily LBP and with vigorous activities and limited flexion to 45
degrees. The C&P examiner noted continuous LBP pain with twice yearly exacerbations,
functional limitations due to mechanical impairment and limited flexion and extension on
physical exam. The civilian Chiropractor also documented chronic and moderately severe LBP
with intermittent radiating pain down both legs. Although the C&P examination was completed
after separation, it was more complete and was closest to the date of separation. Therefore, it
was adjudged to have the higher probative value. While ROM measurements were not
required for rating at the time of separation, the MEB NARSUM is silent on even qualitative
statements regarding lumbar spinal motion. The clinical record does contain information
regarding the presence of limitation of motion. However, no actual measurements are present
in the record. Other than the ROM measurements, the C&P examination findings are
consistent with the NARSUM findings and the Board assumes there was no worsening of the
condition from the time of separation to the time of the C&P examination. Both the MEB
NARSUM examination and the C&P examination that document chronic and significant daily
pain with interment pain radiation down the right and left legs support a 20% rating under the
2002 VASRD code 5293. Additionally, the 45 degrees of flexion is considered moderate and this
finding supports a 20% rating under the 2002 VASRD code 5292. Current VASRD rating criteria
for a 20% rating are also met by the C&P examination. After due deliberation in consideration
of the preponderance of the evidence, the Board concluded that the LBP condition was
separately unfitting and considering all of the evidence and mindful of VASRD §4.3 (reasonable
doubt), recommends a disability rating of 20%, coded 5293 IAW VASRD §4.71a.
4 PD1200761
Neck Pain Condition: As previously elaborated, the Board must first consider whether the neck
pain condition remains separately unfitting, having been de‐coupled from a combined PEB
adjudication. In analyzing the intrinsic impairment for appropriately coding and rating the neck
pain condition, the Board is left with a questionable basis for arguing that it was indeed
independently unfitting. Although the MEB NARSUM examiner states the neck pain “caused
some discomfort and limits him from all activities,” no specific limitations can be attributed to
this condition. The CI injured his neck in 1981 and was able to serve for more than 20 years
without any permanent duty restrictions related to the neck pain condition. The permanent
profile issued in November 1997 for lower back pain does not include restrictions specific for
neck pain and, in fact, the CI is able to perform neck related stretches and wear his helmet.
After due deliberation, the Board agreed that the preponderance of evidence does not support
a conclusion that neck pain, as an isolated condition, would have rendered the CI incapable of
continued service in his MOS, and accordingly cannot recommend a separate rating for it.
_____________________________________________________________________________
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, the
PEB bundled two separate conditions and the Board determined that only one, the chronic low
back pain condition, was separately unfitting. The neck pain condition was not separately
unfitting and no additional disability rating can be recommended. In the matter of the chronic
low back pain accompanied by neck pain with DDD at L4‐5 and L5‐S1 condition, the Board
unanimously recommends a disability rating of 20%, coded 5293 IAW VASRD §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:
VASRD CODE RATING
20%
20%
COMBINED
5293
UNFITTING CONDITION
Chronic Low Back Pain accompanied by Neck Pain with
Degenerative Disc Disease at L4‐5 and L5‐S1
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120614, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
5 PD1200761
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 XXXXXXXXXXXXXX, AR20130000153 (PD201200761)
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
6 PD1200761
AF | PDBR | CY2012 | PD2012-00708
The PEB rated the condition 10% based on pain on forward motion under the 5295 code for lumbosacral strain. The VA reported 90 degrees of lumbar forward flexion and ROMs were consistent with near-normal ROMs from the AMA guidelines in effect at the time, and the Board adjudged these as slight limitation (IAW 5292, Spine, limitation of lumbar motion). Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXX, DAF Director Physical Disability...
AF | PDBR | CY2012 | PD2012 01864
The ratings for the unfitting chronic neck and lower back condition(s)is addressed below; and, no additional conditions are within the DoDI 6040.44 defined purview of the Board. The record in evidence reasonably support that both conditions were unfitting and should be rated separately. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2012 | PD2012 00808
The MEB forwarded chronic back pain and chronic neck pain as medically unacceptablefor Physical Evaluation Board (PEB) adjudication IAW AR 40-501.The PEB adjudicated the “chronic pain, neck and LBP, without neurologic abnormality” as unfitting, rated together as 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. In the matter of the “unbundled” chronic neck pain condition, the Board unanimously agrees it was not separately unfitting and that it cannot...
AF | PDBR | CY2012 | PD 2012 01587
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AF | PDBR | CY2012 | PD2012-00744
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AF | PDBR | CY2011 | PD2011-00724
The Board considered the PEB’s rating under the 5295 code of the 2002 VASRD. The 20% rating for “moderate, recurring attacks” could not be justified under 5293 based on findings of the MEB exam, the VA exam after separation, nor the CI’s pre-separation treatment records. Finally, the Board considered the 5292 code for limitation of spine motion.
AF | PDBR | CY2012 | PD2012-01058
IAW DoDI 6040.44, this Board must consider the appropriate rating for the CI’s back condition at separation based on the VASRD standards in effect at that time. An outpatient examination on 21 November 2001 (7 months prior to separation) documented a negative straight leg raise (SLR) test and normal muscle strength, sensation and DTRs. At a later C&P exam on 23 June 2003 (a year after separation), the CI reported constant low back dull, aching pain.
AF | PDBR | CY2012 | PD-2012-01130
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AF | PDBR | CY2012 | PD2012-00748
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200748 SEPARATION DATE: 20020711 BOARD DATE: 20121218 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E‐5 (92G20/Food Service Specialist), medically separated for chronic mechanical low back pain (LBP), multifactorial with spondylolysis L5/S1, facet hypertrophy, and degenerative disc...
AF | PDBR | CY2012 | PD2012-00533
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 20% for the chronic LBP condition coded 5292-5293 which includes limited motion, pain and sensory loss in the right lower extremity. Both MEB exams indicated pain with motion and the right hip X-ray demonstrated degenerative arthritis. 5 PD1200533 RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows; and,...