RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20011029
NAME: XXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200791
BOARD DATE: 20130104
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (51T10/Tech Engineer Specialist), medically
separated for chronic low back pain (LBP) secondary to right sacroiliac joint pain syndrome. The
CI had a 16 month history of right a‐traumatic LBP that failed medical therapy and physical
therapy to rehabilitate the individual. The CI did not improve adequately with treatment to
meet the physical requirements of his Military Occupational Specialty or satisfy physical fitness
standards. He was issued a permanent L3 profile and referred for a Medical Evaluation Board
(MEB). The MEB forwarded the condition chronic LBP secondary to right sacroiliac joint pain
syndrome to the Physical Evaluation Board (PEB). The MEB forwarded no other conditions for
PEB adjudication. The PEB adjudicated the chronic LBP secondary to right sacroiliac joint pain
syndrome condition as unfitting under AR 40‐501, Chapter 3.41.3, rated 0%, with application of
the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was
medically separated with a 0% disability rating.
CI CONTENTION: “I have been living in constant pain for the past 13 years. Since the beginning
of my condition I have gone through extensive rehabilitation ranging from Physical Therapy to
Pain Management using pain medication and weight loss. As a result of this injury I will have to
take pain killers for the rest of my life, while my condition will continue to deteriorate. I have
noticed over the last 3 – 5 years that I am getting a (numbing) sensation in my legs. As I get
older it is getting harder for me to engage in everyday life, like playing with my kids or having a
romantic relationship.”
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 condition chronic LBP
secondary to right sacroiliac joint pain syndrome meets the criteria prescribed in DoD
Instruction 6040.44 for board purview and is accordingly 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 IPEB – Dated 20010621
Condition
Chronic LBP secondary to
Rt SI Joint Pain Syndrome
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
Code
5299‐5295
Rating
0%
VA (12 Mos. Post‐Separation) – All Effective Date 20011030
Condition
Rt SI Joint Pain Syndrome
0% X 0 / Not Service‐Connected x 0
Combined: 10%
Rating
10%
Code
5294
Exam
20021021
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which his service‐aggravated condition continues to
burden him. It is a fact, however, that the Disability Evaluation System (DES) has neither the
role nor the authority to compensate members for anticipated future severity or potential
complications of conditions resulting in medical separation. This role and authority is granted
by Congress to the Department of Veterans Affairs (DVA). The DVA, operating under a different
set of laws (Title 38, United States Code), is empowered to compensate service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should his degree of impairment vary over time. 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 2002 VASRD coding and rating standards for
the spine, which were in effect at the time of separation, were changed to an interim §4.71a
rating standard effective 23 September 2002. The 2002 standards for rating are based on the
rater’s interpretation and opinion of range‐of‐motion (ROM) impairment regarding degree of
severity, whereas the current standards specify rating thresholds in degrees of ROM
impairment measured with an instrument. For the reader’s convenience, the 2002 rating codes
under discussion in this case are excerpted below.
5292 Spine, limitation of motion of, lumbar:
Severe.......................................................................................40
Moderate..................................................................................20
Slight.........................................................................................10
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
Moderate; recurring attacks.........................................................20
Mild............................................................................................10
Postoperative, cured.....................................................................0
5294 Sacro‐iliac injury and weakness:
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 motion......................................................................40
With muscle spasm on extreme forward bending,
loss of lateral spine motion, unilateral, in
standing position......................................................................20
With characteristic pain on motion..............................................10
With slight subjective symptoms only............................................0
Chronic Low Back Pain Secondary to Right Sacroiliac Joint Pain Syndrome Condition. The
narrative summary (NARSUM) notes the CI developed LBP around December 1999. The pain
was described as “a constant, dull ache in character and localized with the right sacroiliac
region posteriorly and radiating to the right proximal thigh depending on activities.” The CI
denied weakness or sensation loss and the severity was described in the range between 5‐
2 PD1200791
10/10. Over 6 months of physical therapy failed to improve his condition. In October 2000, a
right sacroiliac joint injection gave pain relief for a week, but neither further injections, Tylenol,
or anti‐inflammatory medications changed the character of his daily pain. In November 2000,
the CI received a permanent L3 profile. L‐spine films were within normal limits according to the
NARSUM exam dated 28 February 2001. The commander’s evaluation of April 2001 noted the
CI was not physically fit for service in the US Army, non‐deployable and unable to carry heavy
loads, which hampered his duty performance. Additionally “member does limited PT and
cannot pass a fitness test due to back and weight problems (and he) … is currently barred for
re‐enlistment due to a failure of progress on the Army Weight Control Program.” The CI’s back
pain could not be adequately treated and he was referred to the MEB. No goniometric range‐
of‐motion (ROM) evaluations are charted herein because all ROM recorded by the physical
therapy clinic about 13 months prior to separation, and in the NARSUM, were considered to be
within normal limits, and the resultant PEB rating was based on pain and a positive Gaenslen’s
test (for primary‐chronic inflammation of the lumbar vertebrae and sacroiliac joint). At the
noted PT exam, the therapist documented “no reproduction of pain with facet loading or
extension,” no painful motion; neurological exam normal; tenderness to palpation right sacral
sulcus; and positive Gaenslen's sign on the right. At the MEB exam, about 8 months prior to
separation, the CI reported pain as a constant, dull ache in character and localized within the
right sacroiliac region posteriorly, worse with walking, sitting and standing, and without
weakness or sensation loss. The MEB physical exam noted ROM “was within normal limits,”
and no evidence of painful motion, weakness or spasm. The examiner noted “no reproduction
of pain with facet loading or extension” and Gaenslen’s test was positive on the right. There
was tenderness to palpation over the right sacral sulcus. Sensory, motor, and reflex exams
were normal. At the VA Compensation and Pension exam about 12 months after separation,
the CI reported severe back pain approximately four to five times per week, usually lasting for
5‐10 minutes. The patient stated he worked as a land surveyor and had not lost any time from
work because of his back pain. The VA examiner documented twice that the spinal ROM was
not painful, and was “Forward flexion 0⁰ to 90⁰. Extension backwards 0⁰ to 30⁰. Lateral flexion
0⁰ to 30⁰ bilaterally. Rotation 0⁰ to 30⁰ bilaterally.” There was no fatigue, weakness,
tenderness, muscle spasm or lack of endurance on repetitive motion. The examiner recorded
that neurological exam was normal and that recent lumbar X‐rays were negative.
The Board directs attention to its rating recommendation based on the above evidence. On an
exam 8 months prior to separation, the PEB coded 5299‐5295, lumbosacral strain, with slight
subjective symptoms only, for 0%, and not rising to the level of characteristic pain on motion
for 10% using the VASRD in effect at the time. The VA coded 5294 for sacroiliac injury and
weakness for 10% disability for the “VA examination showing slight limitation of motion of the
lumbar spine with complaints of severe pain,” and not rising to the higher level of muscle
spasm on extreme forward bending, loss of lateral spine motion, unilateral, standing position.
Of special note in this case is that the VA spine normal ROMs were not codified in the VASRD
until September 2003 (Plate V) and “normal” was considered what the examiner indicated.
ROM exam templates from that timeframe often indicated normal ROMs with greater values
for extension, lateral bending and rotation than current VASRD normal limits. The Board
opined that fundamentally there was little substantive difference in all three exams of record.
Almost all exams indicated tenderness of the sacroiliac joint or sulcus and the Board considered
the tenants of VASRD §4.66 (Sacroiliac joint) and §4.40 (Functional loss). The record supported
greater than “slight” symptoms. The Board adjudged that the consistently documented
tenderness and pain limited functioning indicated a disability picture closer to that of the 10%
rating under code 5294. After due deliberation, considering all of the evidence and mindful of
VASRD §4.3 (Resolution of reasonable doubt) and §4.7 (Higher of two evaluations), the Board
majority recommends a disability rating of 10% for the chronic LBP secondary to right sacroiliac
joint pain syndrome condition.
3 PD1200791
IAW VASRD §4.71a.
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 LBP secondary to right sacroiliac joint pain
syndrome condition, the Board, by a vote of 2:1, recommends a disability rating of 10%, coded
5294
(who recommended no
recharacterization at 0%) did not elect to submit a minority opinion. 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:
The single voter
for dissent
UNFITTING CONDITION
Chronic low back pain secondary to right sacroiliac joint pain
syndrome
VASRD CODE RATING
5294
COMBINED
10%
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120615, 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 / XXXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXX, AR20130001160 (PD201200791)
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 10% without recharacterization
of the individual’s separation. This decision is final.
4 PD1200791
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:
CF:
( ) DoD PDBR
( ) DVA
Encl
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
5 PD1200791
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