RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: Army
CASE NUMBER: PD1201048 SEPARATION DATE: 20020920
BOARD DATE: 20121219
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a Reserve SGT/E‐5 (71L20/Administrative Specialist), medically
separated for chronic left shoulder and back pain – slight/constant. She felt a sudden pain in
her left shoulder and upper back while running the confidence course during training in 1990
and was subsequently diagnosed with chronic tendonitis of the left rotator cuff in 1995. She
reinjured the same shoulder again in 1996 and despite steroid injections and muscle relaxants
the pain 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 U3/L3 profile and referred for a Medical Evaluation Board (MEB). The MEB
forwarded no other conditions for PEB adjudication. The PEB adjudicated the chronic left
shoulder and back pain condition as unfitting, rated 10% with cited application of the US Army
Physical Disability Agency (USAPDA) pain policy. The CI made no appeals, and was medically
separated with a 10% disability rating.
CI CONTENTION: “It is a constant struggle daily for me to get started when getting up with
mornings and dressing myself. I start each day with cream and rub down along with the
medicine I take daily. I have constant pain through out the day in everything I try to do. I have
bad coordination and I stumble sometimes just trying to walk. I have problems reaching my
feet or trying to put on socks and shoes. I cant bend down without getting dizzy and I feel like I
about to fall over. I have bad coordination. I have had to get a hysterectomy. I had to have
surgery on my left shoulder and it is a daily struggle just to live.”
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 shoulder and back conditions as
requested for consideration meet the criteria prescribed in DoDI 6040.44 for Board purview;
and, are addressed below. The other requested condition, hysterectomy, is 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 20020607
Condition
Code
Rating
Chronic Lt Shoulder &
Back Pain
5099‐5003
10%
VA (1 Mos. Post‐Separation) – All Effective Date 20020919
Condition
Chronic Tendonitis, Rotator Cuff
Tear, Lt Shoulder
Thoracic Spine Strain
Lumbar Strain
Code
5024‐5201
5291
5295
Rating
20%*
10%
20%*
Exam
20021107
20021107
20021107
20021107
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Not Service‐Connected x
Combined: 40%*
the caveat
that
in
this circumstance, with
fitness recommendations
*Previous VA rating of 30% effective 19991003 (10% each above condition), continued on initial post‐separation VARD (dated
20021220) with above exam dates. VA ratings increased as charted above (changed from 5024 @10% to 5024‐5201 @20%; and
5295 @10% to 20%) based on resolution of appeal and exams of 20030821.
ANALYSIS SUMMARY: The MEB forwarded two medically unacceptable conditions to the PEB.
The PEB combined chronic “left shoulder pain, due to rotator cuff syndrome” and “chronic back
pain, due to muscle spasms from a previous back strain” as a single unfitting and solely rated
condition, coded analogously to 5099‐5003, USAPDA. Although this approach complies with AR
635.40 (B.24 f.); the Board must apply separate codes and ratings in its recommendations, if
compensable ratings for each condition 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 reasonably unfitting. Not uncommonly this
approach by the PEB reflects its judgment that the constellation of conditions was unfitting;
and, that there was no need for separate fitness adjudications, not a judgment that each
condition was independently unfitting. Thus the Board must exercise the prerogative of
separate
its
recommendations may not produce a lower combined rating than that of the PEB. The Board
notes that the 2002 Veteran Administration Schedule for Rating Disabilities (VASRD) standards
for the spine, which were in effect at the time of separation, were changed to the current
§4.71a rating standards in 2004. DoDI 6040.44 requires the Board consider its rating
recommendations using the VASRD rating guidance in effect at the time of separation, in this
case the 2002 standards prior to the VASRD changes effective 23 September 2002 and
26 September 2003. Of special note and significance for this case, the older VASRD considered
the spine rated for three segments listing the cervical, dorsal (thoracic) and lumbar spine
segments versus the current VASRD’s two spine segments of cervical and thoracolumbar.
Left Shoulder Condition. The Board first considered if the left shoulder condition, having been
de‐coupled from the combined PEB adjudication, remained independently unfitting as
established above. The CI’s permanent U3 profile documented multiple significant limitations
that can be attributed only to the left shoulder. These include the inability to lift greater than
10 lbs, perform push‐ups, and perform any upper body weight training. These restrictions
cannot be attributed to any back pain conditions. The profile does include other restrictions
that could be attributed to both the left shoulder and back conditions including no PT test, neck
and shoulder stretch, and two arm side stretch. All members agreed that chronic left shoulder
pain, as an isolated condition, would have rendered the CI incapable of continued service
within her MOS, and accordingly merits a separate rating. The narrative summary (NARSUM)
notes that the CI’s left shoulder and scapula pain started in July 1990, while performing a
confidence course exercise. She was diagnosed with left shoulder, back and chest sprain and
treated with analgesics and muscle relaxants. The CI continued to have left shoulder pain, was
evaluated by orthopedics, and given a diagnosis of impingement of the left shoulder. She
reinjured the left shoulder while on active duty in 1996.
2 PD1201048
The goniometric range‐of‐motion (ROM) evaluations in evidence which the Board weighed in
arriving at its rating recommendation, with documentation of additional ratable criteria, are
summarized in the chart below.
C&P ~2 Mo. Post‐Sep
C&P 11 Mo. Post‐Sep
Shoulder ROM
Flexion (0‐180⁰)
Abduction (0‐180⁰)
Comments: X‐rays
and MRI DJD(VA)
MEB ~14 Mo. Pre‐Sep
Right
Left
170⁰
160⁰
160⁰
170⁰
+Pain with motion;
+tenderness over the left
shoulder
§4.71a Rating
10%
N/A
MEB ~2 Mo. Pre‐Sep
Right
150⁰
120⁰
Left
150⁰
110⁰
+Tenderness;
+ pain limited
motion
10%
N/A
Left
180⁰
140⁰
Left
140⁰
140⁰
Crepitus on motion;
ROM uncomfortable
+ tenderness;‐
apprehension
10% (VA 10%)
in the extreme;
stable shoulder
10% (VA 20%)
At the MEB exams almost 14 months prior to separation, the CI reported constant pain and
numbness in the left shoulder. The MEB physical exams noted pain with hyperextension and
backward extension of the left shoulder and tenderness over the left shoulder. The shoulder
exam is summarized above. At the VA Compensation and Pension (C&P) exam 2 months after
separation, the CI reported pain over the entire left shoulder. The pain was worse with activity
and relieved by rest. The VA exam noted tenderness mainly over the anterior shoulder in the
acromiocalvicular area. VA radiographic evaluation demonstrated degenerative joint disease
(DJD) of the left shoulder. The exam is summarized above. The VA exam performed 11 months
after separation indicated pain‐limited ROM with a stable shoulder. The exam is summarized
above. VA records indicated left shoulder surgery in March 2004 with a temporary 100% rating
that subsequently decreased to 10%‐20% on later exams/ratings. The Board directs attention
to its rating recommendation based on the above evidence. As discussed above the PEB
combined multiple conditions and assigned an overall 10% rating IAW the USAPDA pain policy.
The VA rated the left shoulder pain, rotator cuff tear as tenosynovitis using 5024 and initially
assigned a 10% rating for painful limited motion that exceeded shoulder level. On appeal, with
the VA exam, the VA retroactively increased their rating to 20% coded 5024‐5201. The MEB
and VA examinations are consistent for painful ROM limitations above the shoulder level and
the Board could not find evidentiary justification for the 20% or higher rating which requires
limitation of ROM at shoulder or below shoulder level. After due deliberation, the Board
agreed that the preponderance of the evidence with regard to the functional impairment of the
left shoulder impingement syndrome condition favors its recommendation as a separately
unfitting condition for disability rating. Considering all of the evidence and mindful of VASRD
§4.3 (reasonable doubt), the Board recommends a disability rating of 10% for the left shoulder
impingement syndrome condition.
Back Condition. The Board first considered if the chronic mid and lower back pain, having been
de‐coupled from the combined PEB adjudication, remained independently unfitting as
established above. The CI’s permanent U3/L3 permanent profile documented multiple
significant limitations that can be attributed only to the chronic back pain. These include no
running, jumping, marching, sit‐ups, and bicycle and swim at own pace and distance. These
restrictions cannot be attributed to the left shoulder condition. The profile does include other
restrictions that could be attributed to both the left shoulder and back conditions including no
PT test. All members agreed that the back condition would have rendered the CI incapable of
continued service within her MOS, and accordingly merits a separate rating for chronic back
pain. The Board next deliberated if the mid back pain (dorsal/thoracic spine) was separable
from the lower back pain (lumbar spine pain) and if separate ratings should be applied to each
spine segment. This will be discussed below the exam findings in the rating deliberations. The
CI has a history of lower thoracic and upper lumbar back pain after sustaining a fall while on
active duty in 1996. She was treated with non‐steroidal anti‐inflammatory medications and
muscle relaxants without relief. The goniometric ROM evaluations in evidence which the Board
weighed in arriving at its rating recommendation, with documentation of additional ratable
criteria, are summarized in the chart below.
3 PD1201048
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)
Comment: X‐rays/MRI DJD
Lumbar Spine (VA); Normal
ROMs are from current
VASRD
§4.71a Rating
MEB ~14 Mo. Pre‐Sep
“Lacks 20 cm”
“WNL”
“WNL”
“WNL”
“WNL”
“WNL”
‐
MEB ~2 Mo. Pre‐Sep
95⁰
25⁰
25⁰
25⁰
30⁰
35⁰
‐
+painful motion: +
tenderness upper back
+ muscle spasm left
thoracic, lumbar and
trapezius; + tender
10%
20%
VA C&P ~2 Mo. Post‐Sep
75⁰
15⁰
20⁰
20⁰
20⁰
20⁰
170⁰
+ tenderness thoracic/lumbar; +
spasm; + left SLT at 90⁰;
weakness/atrophy in Lt Lower
extremity
20% (VA 20%+ 10%)
At the MEB exam the CI reported back pain secondary to muscle spasms. The MEB physical
exam noted slight tenderness in the left paravertebral thoracic and lumbar region due to
muscle spasms. The examiner also noted left trapezius muscle tenderness to palpation. The
exam is summarized above. The L3/U3 permanent profile limitations included no running, no
jumping, no marching, no ruck, and no PT test. At the C&P exam performed 2 months after
separation the CI reported pain in the back at all times in any position. She reported that her
pain was mainly in the lower back. She also reported pain in the legs that progressed to
numbness from the waist down when standing too long. The VA physical examine noted
tenderness in the lower thoracic and upper lumbar spinous processes, left greater than right.
The examiner also noted spasms on the left with a positive straight leg raise (SLR) at 90
degrees. The VA exam was also significant for documented left lower extremity weakness with
approximately ½ inch left calf atrophy. There was an additional VA exam which stated “She has
normal range of motion of the thoracic spine with a flexion of 60 degrees as measured for the
thoracic spine. Range of motion of the lumbar spine is normal with a flexion of 90 degrees,
extension of 35 degrees, side bend of 40 degrees, and rotation of 35 degrees.” The Board
directs attention to its rating recommendation based on the above evidence. As discussed
above the PEB combined multiple conditions and assigned an overall 10% rating IAW the
USAPDA pain policy. The VA rated the thoracic and lumbar back conditions separately using
5291, moderate dorsal spine limitation of range of motion with a 10% rating and initially 5295,
lumbosacral strain with characteristic pain on motion at a 10% rating that was increased on
appeal to 20% for muscle spasm on extreme forward bending and unilateral loss of lateral spine
motion in a standing position, although the later VA exam had improved ROMs. The VA and
MEB exams most proximate to separation demonstrated spasms in the thoracic and lumbar
spine segments and documented decreased thoracolumbar extension, lateral flexion and
rotation. The later remote VA exam was adjudged as post‐separation improvement. After due
deliberation, the Board agreed that the preponderance of the evidence with regard to the
functional impairment of chronic back pain condition favors its recommendation as a separately
unfitting condition for disability rating. The Board considered combining the back disability and
rating as 5299‐5295 for the muscle spasms and loss of lateral spine motion was predominate to
rating the lumbar spine and thoracic spine separately as the exams did not delineate separate
spine segment ROMs and the disability was for the mid and lower back. Considering all of the
evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a rating of
20% for the chronic back pain coded 5299‐5295.
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 left shoulder and back pain was operant
in this case and the condition was adjudicated independently of that policy by the Board. In the
4 PD1201048
matter of the left shoulder condition, the Board unanimously agrees that it was unfitting; and,
unanimously recommends a disability rating of 10%, coded 5099‐5024 IAW VASRD §4.71a. In
the matter of the chronic back pain condition, the Board unanimously agrees that it was
unfitting; and, unanimously recommends a disability rating of 20%, coded 5299‐5295 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; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of her prior medical separation:
UNFITTING CONDITION
Chronic Left Shoulder, due to rotator cuff syndrome
Chronic Back Pain
VASRD CODE RATING
5099‐5024
5299‐5295
COMBINED
10%
20%
30%
XXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120608, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
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 XXXXXXXXXXXXXXXXXXX, AR20130000629 (PD201201048)
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 30%
effective the date of the individual’s original medical separation for disability with severance
pay.
5 PD1201048
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and
b. Providing orders showing that the individual was retired with permanent disability
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.
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 30%
effective the date of the original medical separation for disability with severance pay.
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
CF:
( ) DoD PDBR
( ) DVA
XXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
6 PD1201048
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