RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201924 SEPARATION DATE: 20060626 

BOARD DATE: 20130319 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SGT/E-5 (11B/Infantry) medically separated for 
chronic low back pain (LBP). The CI was deployed to Iraq in March of 2003 as a Bradley Fighting 
Vehicle driver where he was involved in multiple Improvised Explosive Device (IED) attacks. He 
began experiencing LBP while deployed. The CI could not be adequately rehabilitated to meet 
the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness 
standards. He was issued a permanent L3 profile and referred for a Medical Evaluation Board 
(MEB). The MEB characterized his condition as lumbar facet arthorosis L4-L5 and L5-S1 and 
forwarded it to the Physical Evaluation Board (PEB). No other conditions were submitted by the 
MEB. The PEB adjudicated the condition, chronic LBP, secondary to degenerative disc disease 
(DDD), facet hypertrophy and arthritis, as unfitting, rated 10% IAW the Veterans Affairs 
Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically separated 
with a 10% Service disability rating. 

 

 

CI CONTENTION: “The Army rated my Radiculopathy and Lumbar facet together as the VA. I 
asked the VA to reevaluate my condition and to separate Radiculopathy of the lower 
extremities, in which they rated my bilateral lower extremities at 10% each, my lumbar was 
rated at 20%. My cervical spine was also looked at by the Army but never rated. VA rated my 
cervical spine at 10%. If the Army were rate this condition in this manner I should be rate a 
combine of 30%.” (sic) 

 

 

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 condition(s) “identified but not 
determined to be unfitting by the PEB.” The rating for the unfitting chronic low back condition 
is addressed below; and, no additional conditions are within the DoDI 6040.44 defined purview 
of the Board. 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 
respective Board for Correction of Military Records. 

 

 

RATING COMPARISON: 

 

Service IPEB – Dated 20060508 

VA - (1 mo. Pre-Separation) 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Low Back Pain 

5242 

10% 

Lumbar Facet Arthrosis with Left 
Radiculopathy 

5242 

10%* 

20060531 

No Additional MEB/PEB Entries 

Other x 12 

20060531 

Combined: 10% 

Combined: 30% 



 

 

ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit 
and vital fighting force. While the DES considers all of the member's medical conditions, 


compensation can only be offered for those medical conditions that cut short a member’s 
career, and then only to the degree of severity present at the time of final disposition. The 
Board’s role is confined to the review of medical records and all evidence at hand to assess the 
fairness of PEB rating determinations, compared to VASRD standards, based on severity at the 
time of separation. 

 

Chronic Low Back Condition. Service treatment records (STR) noted the onset of back pain 
secondary to trauma while deployed to Iraq in 2005. On 8 February 2006 magnetic resonance 
imaging (MRI) of the lumbar spine some arthritis with no evidence of fractures and no 
significant disc or nerve root pathology. Having failed conservative treatment and not a surgical 
candidate, he was placed on a permanent profile that indicated he could walk, bike, or swim at 
his own pace and distance. At the MEB narrative summary (NARSUM) exam dated 4 April 2006, 
approximately 3 months prior to separation, the CI reported no incapacitating episodes. The 
MEB physical exam noted mild muscle spasms, but no evidence of neuromuscular 
abnormalities. Range-of-motion (ROM) testing performed by physical therapist, 20 April 2006, 
recorded average thoracolumbar flexion of 77 degrees and extension 15 degrees. The DD Form 
2808 exam noted normal gait, approximately 3 weeks after the NARSUM. At the VA 
Compensation and Pension (C&P) dated 31 May 2006, approximately 3 weeks prior to 
separation, the CI reported an intermittent dull pain about two times a week with prolonged 
standing and walking. He noted flare ups to last 1 to 2 hours easing with medication during 
which he could function. He was able to walk up to one mile with no histories of falls. The C&P 
physical exam noted normal gait and posture, without tenderness, muscle spasms or change in 
spinal contour. Flexion and extension of thoracolumbar spine and motor and sensory exams 
were normal. 

 

The Board directs attention to its rating recommendation based on the above evidence. Both 
the PEB and VA rated the condition 10% coded 5242 (degenerative arthritis); the PEB cited 
spasms and limitation of forward flexion and the VA cited tenderness. A higher rating of 20% 
requires spasms producing abnormal gait, or abnormal curvature of the spine, or forward 
flexion not greater than 60 degrees, was not supported by the evidence in record. The Board 
agreed there was slight limitation in ROM supporting the 10%; however, there is insufficient 
evidence to support the higher rating of 20% under range of motion. The Board considered 
rating under 5243; however, there was no evidence or 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. 
There is no VASRD sanctioned pathway to a rating higher than the minimal compensable rating. 
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (Resolution of 
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 chronic low 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 

Chronic Low Back Pain 

5242 

10% 

COMBINED 

10% 



The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20121120, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxx, 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 
xxxxxxxxxxxxxxxxxxx, AR20130007724 (PD201201924) 

 

 

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 xxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)