RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXX CASE: PD1201366 

BRANCH OF SERVICE: ARMY BOARD DATE: 20130312 

SEPARATION DATE: 20060203 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SFC/E-7 (96D/Imagery Analyst), medically separated 
for chronic right lower quadrant (RLQ) pain and weakness. She experienced an onset of 
abdominal pain in 2005 while performing sit-ups for the Army Physical Fitness Test (APFT) and a 
later civilian orthopedic evaluation demonstrated a RLQ muscle tear that was confirmed by 
magnetic resonance imaging (MRI). The CI could not be adequately rehabilitated to meet the 
physical requirements of her Military Occupational Specialty (MOS) or satisfy physical fitness 
standards. She was issued a permanent P3 profile and referred for a Medical Evaluation Board 
(MEB). The MEB also identified and forwarded asthma, allergies and bilateral ovarian cysts as 
conditions meeting retention standards. The Physical Evaluation Board (PEB) adjudicated 
chronic RLQ pain and weakness as unfitting, rated 0%. The remaining conditions were 
determined to meet retention standards and not determined to be unfitting and therefore not 
ratable. The CI made no appeals and was separated with a 0% disability rating. 

 

 

CI CONTENTION: “My rating from the Army was 0% and my overall rating from the Veteran's 
Administration is 40%.” 

 

 

SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in 
Department of Defense Instruction (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 conditions “identified but not determined 
to be unfitting by the PEB.” The rating for the unfitting RLQ condition is addressed below. The 
requested conditions asthma and allergies, which were determined to be not unfitting by the 
PEB, are likewise 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 of Correction of Military Records. 

 

 

RATING COMPARISON: 

 

Service IPEB – Dated 20051201 

VA - (4 Mos. Post-Separation) 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Right Lower Quadrant 
Pain and Weakness 

5319 

0% 

Residuals of Tear of Right Rectus 
Abdominus 

7399-7339 

20% 

20060614 

Allergies 

Not Unfitting 

Allergic Rhinitis 

6522 

0% 

20060614 

Asthma 

Not Unfitting 

Asthma 

6602 

0%* 

20060614 

Bilateral Ovarian Cysts 

Not Unfitting 

Left Ovarian Cyst 

7615 

NSC 

 

No Additional MEB/PEB Entries 

Other x 8 

20060614 

Combined: 0% 

Combined: 40% 



VARD 20061011 (most proximate to Date of Separation) 

* VARD 20090520 increased Asthma from 0% to 10% based on clear and unmistakable error, effective 20060204. 

 

 

 

 


ANALYSIS SUMMARY: 

 

Chronic Right Lower Quadrant (RLQ) Pain and Weakness. The narrative summary (NARSUM) 
stated the CI experienced abdominal pain during an APFT 12 June 2005 and orthopedic 
evaluation with MRI documented a tear of the rectus abdominus. Her symptoms did not 
improve with conservative treatment and there was no recommendation for surgery. At the 
MEB exam the CI reported a daily constant abdominal pain that she rated as 3/10 and increased 
to 7/10 with activity such as twisting or driving. She reported being unable to run, do situps or 
pushups and noted increasing difficulty performing any physical activity since the acute injury. 
An orthopedic consult said it could take up to a year to heal. The MEB physical exam noted 
“Normal walk, jog, heel-toe and low jump.” The abdomen was tender in the right lower area. 
Sit-ups increased the tenderness; muscles were firm with good tone but with a palpable defect 
without hernia in the right lower abdomen on forward flexion. The orthopedic evaluation of 
31 August 2005 stated that with abdominal exercise the pain was well localized and increased 
at the torn muscle site. MRI 20 September 2005 showed a partial tear of the rectus abdominus 
muscles, more pronounced on the right. At the VA Compensation and Pension (C&P) exam 
performed on 14 June 2006, approximately 4 months after separation, the CI reported constant 
pain, worse with activity. She was unable to run long distances or do any heavy lifting. She was 
on multiple medications, including pain medication which reduced the pain. The CI reported 
that she was able to do her current job without limitations. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated 5319 (Muscle Group XIX) at 0%, rated as slight. The VA rated 7399-7339 (as 
analogous to a postoperative ventral hernia) at 20%. The Board opined that coding under 
§4.73—schedule of ratings muscle injuries appeared predominant to coding under §4.114-
schedule of ratings digestive system; there was no evidence in the record of an abdominal 
hernia associated with the CI’s muscle tear or use or recommendation for a support belt or 
garment due to abdominal weakness as described in the rating criteria of 7339. The Board 
deliberated whether the CI’s muscle injury disability rose to the next higher rating under 5319. 
There was documentation that this simple wound of the muscle caused consistent complaints 
of one or more cardinal signs and symptoms of muscle disability of pain with use and was 
associated with a palpable defect indicating tissue loss. The Board reviewed the tenants of 
§4.56 (evaluation of muscle disabilities). Although the muscle injury was simple, the Board 
concluded that functional loss from pain with use resultant from the abdominal muscle tear 
met the criteria for rating under group XIX function, at the moderate level. After due 
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), and 
IAW §4.40 (functional loss), the Board recommends a disability rating of 10% for the chronic 
right lower quadrant pain and weakness condition. 

 

Contended PEB Conditions. The Board’s main charge is to assess the fairness of the PEB’s 
determination that asthma and allergies were not unfitting. The Board’s threshold for 
countering fitness determinations is higher than the VASRD §4.3 (reasonable doubt) standard 
used for its rating recommendations, but remains adherent to the DoDI 6040.44 “fair and 
equitable” standard. 1) Asthma: The NARSUM noted a history of asthma with inhaler use. The 
DD 2807 form indicated the CI had a bronchodilator inhaler. The MEB respiratory exam, chest 
x-ray and PFTs were normal. At the VA C&P exam the CI reported a history of exercise induced 
asthma and asthma related to environmental allergens with symptoms once per month. She 
reported medications were effective and denied any functional impairment; 2) Allergies: The 
NARSUM stated that the CI had multiple evaluations for allergies and treatment with 
appropriate medications. At the C&P exam the CI reported use of medications for allergies and 
they were effective. She reported year round symptoms of runny nose and sneezing. She 
denied any functional impairment or incapacitating episodes and had lost no work time due to 
allergies. The exam showed normal evaluation of the eyes, ears, nose and throat. The asthma 
and allergy conditions were not profiled or implicated in the commander’s statement and were 


not judged to fail retention standards. Both conditions were reviewed and considered by the 
Board. There was no performance based evidence from the record that either of these 
conditions significantly interfered with satisfactory duty performance. After due deliberation in 
consideration of the preponderance of the evidence, the Board concluded that there was 
insufficient cause to recommend a change in the PEB fitness determination for the either of the 
contended conditions and so no additional disability ratings are recommended. 

 

 

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 RLQ pain and weakness condition, the Board 
unanimously recommends a disability rating of 10%, coded 5319 IAW VASRD §4.73. In the 
matter of the contended asthma and allergy conditions, the Board unanimously recommends 
no change from the PEB determinations of not unfitting. 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 her prior medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Chronic Right Lower Quadrant Pain and Weakness 

5319 

10% 

RATING 

10% 



 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120810, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


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 xxxxxxxxxxxxxxxxxx, AR20130006285 (PD201201366) 

 

 

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. 

 

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 xxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)