RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200771 SEPARATION DATE: 20020115 

BOARD DATE: 20130213 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (74C10/Communications Center Operator), 
medically separated for chronic low back pain (LBP) which could not be adequately 
rehabilitated. The CI did not improve adequately with treatment to meet the physical 
requirements of her Military Occupational Specialty (MOS) or satisfy physical fitness standards. 
She was issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). 
chronic LBP secondary to SI (sacroiliac) joint dysfunction and myofascial pain component 
conditions were forwarded by the MEB as medically unacceptable IAW AR 40-501. The Physical 
Evaluation Board (PEB) adjudicated the chronic LBP condition as unfitting, rated 10%, with likely 
application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and AR 635-40. The 
CI made no appeals and was medically separated with a 10% disability rating. 

 

 

CI CONTENTION: The CI attached a two page statement pleading to her application which was 
reviewed by the Board and considered in its recommendations. 

 

 

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 chronic LBP condition, as requested 
for consideration, meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is 
addressed below. The other requested conditions [legs pain radiating down both legs with 
associated numbness, tingling, and weakness, severe depression and insomnia, and PTSD] are 
not within the Board’s purview. The remaining conditions rated by the VA at separation and 
listed on the DD Form 294 are not within the Board’s purview. 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 IPEB – Dated 20021022 

VA (~1 Mo. Post-Separation) – All Effective Date 20020116 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Low Back Pain* 

5299-5295 

10% 

Sacroiliac Strain … 

5294 

20%** 

20020329 

.No Additional MEB/PEB Entries. 

Tinnitus 

6260 

10% 

STR 

Sinusitis 

6514 

10% 

STR 

Not Service-Connected x 1 

20020329 

Combined: 10% 

Combined: 40% 



*PEB combined both MEB conditions (chronic LBP secondary to S1 joint dysfunction and myofascial pain component) into one 
unfitting condition.** Increased to 40%, sacroiliitis and IVDS involving L4-5, L5-S1, S2-3 nerve root with myofascial pain 
syndrome (formerly sacroiliac strain to include myofascial pain component) effective 20110708, VASRD code 5237-5243. 

 

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. The Board utilizes DVA evidence proximal to separation in arriving at its 
recommendations; and, DoDI 6040.44 defines a 12-month interval for special consideration to 
post-separation evidence. The Board’s authority as defined in DoDI 6044.40, however, resides 
in evaluating the fairness of DES fitness determinations and rating decisions for disability at the 
time of separation. Post-separation evidence therefore is probative only to the extent that it 
reasonably reflects the disability and fitness implications at the time of separation. 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 DES improprieties in the processing of his 
case. 

 

Chronic Low Back Pain Condition. The CI first developed chronic LBP after she fell onto her back 
from "monkey bars" on an obstacle course during basic training. She was treated with 
medications, chiropractic manipulations and physical therapy without adequate resolution of 
her pain and was placed on a permanent L3 profile in 2002, 20 months prior to separation. The 
narrative summary (NARSUM), dictated after the 1 May 2001 MEB, noted that radiographs of 
the SI joints and lumbar spine obtained in September 2000 were essentially normal except for 
probable mild disk height loss at L4-5 and that a magnetic resonance imaging (MRI) of the 
lumbar spine obtained July 1996 was normal. She reported that she had experienced pain 
down the left postero-lateral thigh to the knee with associated numbness for 8 months after 
the injury, but that this had resolved spontaneously. She stated that her (current) pain was 
exacerbated by prolonged standing and improved with lying supine using a body pillow. On 
examination, she had normal strength, sensation, and reflexes. Her back range-of-motion 
(ROM) was limited by pain; her flexion was “hands was just past knees”, extension 20 degrees, 
right lateral bending 20 degrees, left lateral bending 30 degrees, and lateral rotation was full. 
Her straight leg raise (SLR) was negative bilaterally. The paraspinal muscles were tender, but no 
spasm documented. Testing for sacroiliac joint irritation was positive. The MEB SFs 2807/2808 
documented that she used a back brace. On examination, she was noted to have decreased 
flexion secondary to pain. At the VA Compensation and Pension (C&P) exam on 29 March 2002 
(2 months after separation), the CI reported that she took no mediations or treatment for her 
pain and was working full time without loss of work from her back. She was able to walk on 
heels and toes. Forward flexion was 90 degrees, extension 25 degrees, right lateral flexion 25 
degrees, left lateral 25 degrees, and rotation 25 degrees. Examination of the lumbosacral spine 
revealed no spasm, but mild tenderness over sacroiliac area. She was able to dress and undress 
without difficulty. X-rays were normal. 

 

The Board directs attention to its rating recommendation based on the above evidence. In the 
application package, the CI contended for pain radiating down both legs. The Board noted that 
this radiating pain occurred at time of injury and had resolved by 8 months after the injury, well 
before separation. As noted above, it is out of the Board’s scope of review. In accordance with 
DoDI 6040.44, the Board is required to utilize the VASRD in effect at the time of separation for 
the rating. The Board notes that the 2002 VASRD was in effect at the time of separation. The 
current standard became effective 26 September 2003. The PEB rated the back 10%, coded 
5299-5295, analogous to lumbosacral strain. The VA rated the back at 20%, coded 5294, 
sacroiliac injury. The Board also considered the diagnostic codes 5292, limitation of lumbar 


spine motion, and 5293, intervertebral disc syndrome. The Board concluded that based on the 
ROM proximate to time of separation, the limitation of motion of the lumbar spine would be 
considered "slight" and rate 10% under code 5292. Since there was no evidence of recurring 
attacks, the back would be considered "mild" and rate 10% under 5293. The Board notes that 
both the MEB and C&P exams noted loss of lateral flexion of the spine and diffuse tenderness 
over the spine, but without spasm; the CI would thus rate 10% under either code 5294 or 5295. 
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 low back 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. In the matter of the 
chronic low back 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 

Chronic Low Back Pain 

5299-5295 

10% 

COMBINED 

10% 



 

 

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 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 


SFMR-RB 


 

 

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 xxxxxxxxxxxxxxxxxxx, AR20130006182 (PD201200771) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)