RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201557 SEPARATION DATE: 20080726 

BOARD DATE: 20130215 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (13M/MLRS Crew Member), medically 
separated for thoracolumbar back pain with associated scoliosis. The CI reports that he first 
began experiencing upper back pain in August 2004. The back pain was insidious in onset and 
the CI does not describe any specific traumatic even as the onset. The condition could not be 
adequately rehabilitated and did not improve adequately with treatment to meet the physical 
requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness standards. 
He was issued a permanent U3 profile and referred for a Medical Evaluation Board (MEB). The 
MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB 
adjudicated the thoracolumbar back pain with associated scoliosis condition as unfitting, rated 
10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI 
made no appeals, and was medically separated with a 10% disability rating. 

 

 

CI CONTENTION: “PTSD rating was 10% from the PEB while the Department of Veterans Affairs 
grants a 50% rating.” 

 

 

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 other requested condition 
posttraumatic stress disorder (PTSD) 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 20080416 

VA (# Mos. Pre/Post-Separation) – All Effective Date 20080728 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Thoracolumbar Back Pain 
w/associated Scoliosis 

5299-5237 

10% 

Thoracolumbar 
Strain/Spondylosis, 
Thoracolumbar Spine 

5237-5242 

10% 

20070317 

.No Additional MEB/PEB Entries. 

Not Service-Connected x 3 

20070317 

Combined: 10% 

Combined: 10% 



*PER VARD dated 20120808 PTSD was claimed and rated 50%; combined rating changed to 60% effective 20120329. 

 

ANALYSIS SUMMARY: 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. The Board’s authority as defined in DoDI 6040.44, however, resides 


in evaluating the fairness of Disability Evaluation System (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. 

 

Thoracolumbar Back Pain Condition. The narrative summary (NARSUM) dated 16 January 2008 
noted the back pain was insidious in onset without history of trauma. On 31 October 2006 X-
rays of the thoracic and lumbar spine revealed minimal upper thoracic scoliosis and normal 
lumbar study. On 5 December 2007 a magnetic resonance imaging (MRI) of thoracic and 
lumbar spine were interpreted as normal studies, specifically no scoliosis. The CI did not 
experience any incapacitating episodes; he was able to deploy with his unit and reported short 
term improvement with chiropractic treatment. Having failed conservative treatment he was 
placed on a permanent profile. At the MEB/NARSUM exam, performed 16 January 2008, 5 
months prior to separation, the CI reported persistent back pain with an average intensity of 
5/10 with flare ups precipitated by walking, lifting, running, prolonged sitting or standing. The 
MEB physical exam noted no muscle spasm, slight tenderness of the thoracolumbar spine, no 
neurological deficits and a normal gait. A kyphotic curve of the thoracic spine without spasm 
was noted, but was eliminated by prompting to proper posture. MEB examiner cited the range-
of-motion (ROM) testing performed by physical therapist with normal flexion of 90 degrees and 
extension 50 degrees. At the VA Compensation and Pension (C&P) dated 5 March 2008, 
approximately 4 months prior to separation, the CI reported a constant dull aching to throbbing 
pain in the low back area, elicited by physical activity and relieved by rest. He stated his 
condition had not resulted in any incapacitation. The C&P physical exam noted absence of 
muscle spasm, tenderness, fatigue, incoordination and no evidence of radicular pain. Gait and 
posture were normal. Flexion of thoracolumbar spine was recorded at 78 degrees and 
extension, 22 degrees, both slightly reduced. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated the condition 10% for painful motion code 5237 (lumbosacral strain) with the 
notation that the condition of scoliosis existed prior to service (congenital) and aggravated by 
service. The VA rated 10% code 5237-5242 (degenerative arthritis) citing a reduced ROM. A 
higher code of 20% under this code requires flexion of greater than 30 degrees but not greater 
than 60 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or 
abnormal spinal contour such as scoliosis. The Board agreed there was pain on motion 
supporting the 10% rating. The Board reviewed the ‘scoliosis’ recorded on the C&P exam but 
noted that it corrected with proper posture prodding and was not associated with spasm or 
abnormal gait. The Board unanimously agreed that a higher rating of 20% under this code 
could not be recommended given ROM, normal gait and absence of spasm on examination. 
There was no evidence of ratable peripheral nerve impairment in this case, since no motor 
weakness was present and sensory symptoms had no functional implication. There was no 
evidence of incapacitating episodes for a higher rating under 5243. The Board found no 
pathway to a higher rating under any applicable VASRD code. 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 back pain 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. 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 back pain 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 

Thoracolumbar Back Pain w/associated Scoliosis 

5237 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120817, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-
3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for xxxxxxxxxxxxxxxxxxxx, AR20130006195 (PD201201557) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)