RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200804 SEPARATION DATE: 20030805
BOARD DATE: 20121218
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty Soldier, SGT/E‐5 (54B/NBC Specialist), medically
separated for chronic pain, bilateral shoulders and left knee. The CI suffered a traumatic
subluxation injury to both shoulders in 1992 when a bridge section, being carried by four
personnel, that weighed approximately 800 pounds, was dropped by the two soldiers in the
front. The dropping of the bridge section by the front two personnel applied significant traction
force to both of the CI’s shoulders. The CI injured his left knee while running on a treadmill;
feeling a sharp pain in the knee. Despite medication, physical therapy for both shoulders and
left knee, multiple surgeries to both shoulders, and orthopedic evaluations, the CI remained
unable to meet the physical requirements of his Military Occupational Specialty (MOS) or
satisfy physical fitness standards. The MEB forwarded recurrent shoulder dislocations of both
shoulders w/arthroscopic surgeries and chronic left knee pain to the Informal Physical
Evaluation Board (IPEB). The IPEB adjudicated chronic pain, bilateral shoulders status post (s/p)
operative treatment of recurrent dislocations and left knee with slight constant pain as unfitting
and rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy.
The CI appealed to the Formal PEB (FPEB), which adjudicated chronic pain, bilateral shoulders
s/p operative procedures in treatment of recurrent dislocation and left knee with extensive
diminution of activities of daily living, sleep disturbance, and severe limitation of recreational
and social activities with moderate/constant pain as unfitting rated at 20% with application of
the US Army Physical Disability Agency (USAPDA) pain policy. The CI submitted a rebuttal to the
FPEB findings but USAPDA upheld the FPEB findings. The CI was subsequently discharged with a
20% disability rating.
CI CONTENTION: The CI elaborated no specific contention in his application.
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 20030530
Condition
Code
Rating
5099‐5003
20%
Chronic Pain, Bilateral
Shoulders S/P Operative
Procedures for Recurrent
Dislocations and Left Knee
rated as
Moderate/Constant
VA (1 Month Post‐Separation) – All Effective Date 20030806
Condition
Status post Right Shoulder
Reconstruction
Status post Left Shoulder
Reconstruction
Patellar Femoral Syndrome, Left
Knee
Code
5203
Rating
10%*
Exam
20030902
5203
5014
10%*
20030902
10%
20030902
↓No Addi(cid:415)onal MEB/PEB Entries↓
0% X 2 Not Service‐Connected x 1
20030912
Combined: 20%
Combined: 30%** Bilateral Factor (BF) 1.9
*Left Shoulder increased to 20% effective 20050707 and Right shoulder increased to 20% effective 20110526
**Increased to 40% with BF 2.8 effective 20050707 and 50% with BF 3.6 effective 20110526
ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating
the fairness of Disability Evaluation System (DES) fitness determinations and rating decisions for
disability at the time of separation. The Board utilizes VA 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. Post‐separation evidence is probative only to the
extent that it reasonably reflects the disability and fitness implications at the time of
separation.
The PEB rated chronic pain bilateral shoulders s/p operative procedures and left knee under the
single analogous 5099‐5003 Arthritis, degenerative (hypertrophic or osteoarthritis) code. 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. Since §4.71a criteria are met for separate joint ratings for the right and
left shoulders and left knee in this case, the Board is pursuing separate rating and fitness
evaluations as follows.
Chronic Pain Right and Left Shoulders Condition. The Board first considered if the chronic pain
right and left shoulders s/p operative procedures, having been de‐coupled from the combined
PEB adjudication, each remained independently unfitting as established above. The CI was on a
permanent profile with significant limitations that would have resulted from either shoulder
condition alone. Both shoulders were specifically mentioned in the commander’s letter as
preventing the CI from performing duties required of his MOS. All members agreed that the
right and left shoulders, as isolated conditions, would have each rendered the CI incapable of
continued service within his MOS; and, accordingly merit separate ratings.
There were three range‐of‐motion (ROM) evaluations 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 PD1200804
Right Shoulder/Left
Shoulder ROM
Flexion (0‐180⁰)
Abduction (0‐180⁰)
Internal Rotation
(0‐90⁰)
External Rotation
(0‐90⁰)
Comments
§4.71a Rating
5099‐5003
5201
5202
MEB ~6 Mo. Pre‐Sep
PT ~ 3 Months Pre‐Sep
VA C&P ~1 Mo. Post‐Sep
Left
170⁰
170⁰
80⁰
60⁰
Right
160°
155°
80°
45°
Unsure if these are active
or passive; Pain on
hyperextension,
otherwise no comment
on painful motion;
multiple surgical scars;
Unable to lift greater than
35 pounds or work
overhead without pain
and instability. STR
supports painful motion
and pain and instability
above 90° and with
rotating motion such as
removing a lug nut.
10%*
20%*
20%
10%*
20%*
20%
Right
110⁰ (Pain at 80)
130⁰ (Pain at 110)
55⁰
55⁰
Right
180⁰
180⁰
0‐90°
Left
180⁰ (Pain at 90)
160⁰ (Pain at 90)
0‐80° (Pain at 70)
0‐80° or 90°
0‐70° (Pain at 50)
Pain 5/10 before ROM and
10/10 with ROM; unable to
assess strength due to pain;
normal sensation and reflexes;
tender to palpation lateral to
anterior scar on right; slightly
anterior shoulders; mild
scapular winging bilaterally,
most prevalent with right arm
movement initiation;
moderate dyskinesia with
abduction and flexion; current
aggravating factors are flexion
or abduction>90 and internal
or external rotation> 50
Painful motion; guarding with all
movements shown on left; 12cm x
1cm scar; normal neurologic exam
10%
20%
20%
10%
20%
20%
10%
20%
20%
*Conceding painful motion §4.59
The CI is right handed. After his original injury with dislocations of both shoulders, the CI had
multidirectional instability and recurrent dislocations of both his right and left shoulders.
Multiple surgeries were performed on each shoulder with little improvement in either one. The
CI had his first right shoulder arthroscopy performed in September 1995 with an anterior
capsular shift performed. Following an injury to the right shoulder while playing football, the CI
had his second right shoulder arthroscopic surgery in October 1997 with repair of a
subscapularis tear and removal of excessive scar tissue in the superior joint. After repeated
dislocations and a failed anterior capsular shift, the CI underwent his third right shoulder
arthroscopic surgery in June 1999 for a revision of the anterior shift of the anterior capsular
shift. A right shoulder X‐ray performed in May 2003 after an acute dislocation had been
reduced revealed a small density near the neck of the humerus that was considered to
represent an avulsed fragment. The axillary view was negative for dislocation.
The CI underwent four left shoulder surgeries for multidirectional instability and recurrent
dislocations. The CI underwent the first arthroscopy for subluxation in May 1994. A post‐
operative CT arthrogram in December 1994 was suggestive of a Bankart lesion and also noted a
Hill‐Sach’s deformity and a Type III anterior joint capsule insertion. A left shoulder Bankart
repair with anterior capsule shift surgery was performed in January 1995 for multidirectional
instability. The CI again subluxed the left shoulder and magnetic resonance imaging (MRI) in
December 1998 demonstrated a recurrent Bankart lesion. A third left shoulder surgery was
done in February 1999 to repair this labral tear. The CI went to the emergency room in
December 2000 after a fall off a truck led to a left shoulder dislocation. X‐rays taken after
3 PD1200804
reduction were normal. The CI underwent a fourth left shoulder surgery in March 2002 for
continued internal derangement with debridement of a repeated labral tear and glenoid
degeneration and a partial synovectomy. The post‐operative diagnosis was continued internal
derangement, recurrent labral tear (Grade III SLAP lesion), and partial mild tendinous
supraspinatus degeneration.
Despite a total of seven surgeries, both shoulders remained unstable and the CI was not able to
perform any work overhead, exert any rotational force, or lift anything over 35 pounds without
pain and or dislocation occurring. The CI continued to have bilateral limited and painful ROM
and repeated dislocations. The MEB narrative summary (NARSUM) examination 6 months prior
to separation indicated constant pain in both shoulders and that the shoulder mobility
limitations were due to pain. The NARSUM examination physical findings are summarized in
the chart above. The CI was seen for the right shoulder in PT 3 months prior to separation
which noted current aggravating factors of any ROM beyond 90 degrees of flexion or abduction
or internal or external rotation greater than approximately 50 degrees, or any resistance was
also irritating. The examination findings from this visit are also in the chart above. The
commander’s statement noted that the CI was unable to do pushups, heavy lifting greater than
35 pounds, and overhead activity. The VA Compensation & Pension (C&P) examination
completed approximately a month after separation noted bilateral fatigability and lack of
endurance with the shoulders, flare‐ups that occurred as often as three times a month, and
occasional shoulder subluxation when he raised his arms overhead and when exerting a high
amount of stress such as tightening up the lug nuts on a wheel. The C&P examination physical
findings are summarized in the chart above.
The Board directs attention to its rating recommendation based on the above evidence. As
described above the PEB bundled multiple conditions in its application of the USAPDA pain
policy. The VA rated each shoulder using VASRD 5203 Clavicle or scapula, impairment of:
malunion rated 10%. It is not clear why the VA used this code when the CI had recurrent
shoulder dislocations and decreased ROM of each shoulder but no issue with his clavicle or
scapula (other than the glenoid fossa). If it was used, this code should been assigned as 5299‐
5203. The VA did later change the code to 5202 for the left shoulder and although it did not
change the code for the right shoulder, it used the rating criteria for 5202 to determine its 20%
rating for the right shoulder. Similarly, if 5003 were to be used it would have to be used
analogously as 5099‐5003 because the CI did not have degenerative arthritis of his shoulders.
Based on the condition the CI actually had, the shoulders can be rated either using 5201 for
limited ROM or painful motion or using 5202 for recurrent dislocations without resorting to an
analogous code. All exams for the shoulders were adjudged to meet the intent of §4.59, painful
motion for each shoulder. Although the rating criteria for 5003 states that a 10% minimum
rating will be assigned for painful motion of a joint due to degenerative arthritis, VASRD §4.59
painful motion, states that a joint with painful motion is entitled to at least the minimum
compensable rating for that joint. The minimum compensable rating of 5201 for the shoulder
joint is 20%. Therefore, the application of either code 5201 or 5202 would result in a 20%
disability rating and neither offers any advantage. However, the CI’s main problem was the
recurrent dislocations and the 5202 code provides a more accurate description of what actually
affected the CI’s ability to perform his required duties. After due deliberation in consideration
of the preponderance of the evidence, the Board concluded that the right and left shoulders
were each separately unfitting and considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt), the Board recommends a disability rating of 20% coded 5202 IAW VASRD
§4.71a for the right shoulder and 20% coded 5202 IAW VASRD §4.71a for the left shoulder.
Chronic Pain Left Knee Condition: In analyzing the intrinsic impairment for appropriately coding
and rating the left knee pain condition, the Board is left with a questionable basis for arguing
that it was indeed independently unfitting. Although there are significant limitations on the
profile attributable to this condition, the CI is able to run at his own pace and distance, can
4 PD1200804
wear a backpack, and can march up to six miles. The commander’s letter mentions the knee
condition but does not make any connection to performance of any required duties. After due
deliberation, the Board agreed that the preponderance of evidence does not support a
conclusion that left knee pain, as an isolated condition, would have rendered the CI incapable
of continued service within his MOS, and accordingly cannot recommend a separate rating.
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 was operant in this case and the condition was adjudicated
independently of that policy by the Board. In the matter of the bundled right shoulder
instability with recurrent dislocations condition, the Board unanimously agrees that it was
separately unfitting; and, unanimously recommends a disability rating of 20%, coded 5202 IAW
VASRD §4.71a. In the matter of the bundled left shoulder instability with recurrent dislocations
condition, the Board unanimously agrees that it was separately unfitting; and, unanimously
recommends a disability rating of 20%, coded 5202 IAW VASRD §4.71a. In the matter of the
bundled chronic left knee pain condition, the Board unanimously agrees that it was not
separately unfitting and therefore, no separate disability rating can be recommended. 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; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation:
VASRD CODE RATING
UNFITTING CONDITION
Right Shoulder Instability with Recurrent Dislocations
Left Shoulder Instability with Recurrent Dislocations
COMBINED (with BLF 3.6)
5202
5202
20%
20%
40%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 200120611, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
5 PD1200804
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 XXXXXXXXXXXXXXXX, AR20130000094 (PD201200804)
1. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed
recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR)
pertaining to the individual named in the subject line above to recharacterize the individual’s
separation as a permanent disability retirement with the combined disability rating of 40%
effective the date of the individual’s original medical separation for disability with severance
pay.
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:
a. Providing a correction to the individual’s separation document showing that the
individual was separated by reason of permanent disability retirement effective the date of the
original medical separation for disability with severance pay.
b. Providing orders showing that the individual was retired with permanent disability
effective the date of the original medical separation for disability with severance pay.
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will
account for recoupment of severance pay, and payment of permanent retired pay at 40%
effective the date of the original medical separation for disability with severance pay.
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and
medical TRICARE retiree options.
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)
6 PD1200804
CF:
( ) DoD PDBR
( ) DVA
7 PD1200804
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