Service IPEB – Dated 20021206 |
VA (4 Mos. Post-Separation) – All Effective Date 20030531 | ||||||
Condition |
Code | Rating | Condition | Code | Rating | Exam | |
LBP |
5299-5295 | 10% | Chronic LBP w/DDD | 5293-5292 | 10* | 20030819 | |
OSA |
Not Unfitting | OSA | 6847 | 30%* | 20030819 | ||
↓No Additional MEB/PEB Entries↓ |
0% X 2 / Not Service-Connected x 3* | ||||||
Combined: 10% |
Combined: 40% |
Thoracolumbar ROM (Degrees) |
PT~12 Mo. Pre-Sep (20020509) |
MEB ~12 Mo. Pre-Sep (20020522) |
VA
C&P
~4 Mo. Post-Sep (20030912) |
|
Flexion (90 Normal) |
60 |
90 | 90 | |
Combined (240) |
180
|
N/A |
240
|
|
Comment |
Gait normal; neg SLR | Neg straight leg raise(SLR) | + Pain on ROM; +SLR (B); muscle spasm and radiation of pain | |
§4.71a Rating |
20%* | 0% | 0% |
UNFITTING CONDITION |
VASRD CODE | RATING | |
Low Back Pain Condition |
5399-5395 | 10% | |
COMBINED |
10% |
AF | PDBR | CY2013 | PD-2013-02062
The ratings for the unfitting OSA condition and the not unfitting bilateral knee, low back pain (LBP) and right acromioclavicular (AC) joint arthritis conditions are addressed below;no additional conditions are within the DoDI 6040.44 defined purview of the Board. The orthopedic NARSUM notes the CI reported right shoulder pain for a year. Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00849
The PEB adjudicated the right shoulder condition as unfitting, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. Both the PEB and VA rated the shoulder at 10%. 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 chronic right knee pain; chronic LBP; OSA or neck pain contended conditions; and, therefore, no...
AF | PDBR | CY2009 | PD2009-00233
Each was rated 0%. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating. The Action Officer continues to support the initial recommendation preceding the Board’s deliberation, i.e., a VASRD §4.100 rating of 50% for OSA as an unfitting condition.
AF | PDBR | CY2011 | PD2011-00042
No post-separation VA outpatient notes were included in the record; however a VA rating decision 23 months post-separation showed no changes in the VA rating (20%) for the CI’s back condition. The Board deliberated concerning the fitness of OSA and considered the duty restrictions at the time of the commander’s statement and profile were prior to a sufficient period of treatment with CPAP; however, by the time of separation there was no evidence of ongoing excessive daytime somnolence or...
AF | PDBR | CY2012 | PD2012-00116
The Physical Evaluation Board (PEB) adjudicated the chronic LBP with DDD condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The presence of functional impairment with a direct impact on fitness is the key determinant in the Board’s decision to recommend any condition for rating as additionally unfitting. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and...
AF | PDBR | CY2009 | PD2009-00076
The CI had excessive daytime sleepiness and was diagnosed with OSA requiring CPAP as noted above. Right Knee Condition . The 5 months after separation VA exam, demonstrated ‘tender patella tendon, tender patella rub, prominent tibial tubercle; no instability.’ History on both exams noted increased pain with activity, walking and standing, but did not indicate painful motion, or pain-limited motion of the knee.
AF | PDBR | CY2011 | PD2011-00165
Right Shoulder Condition . The other conditions forwarded by the MEB and adjudicated as not unfitting by the PEB were sleep apnea (OSA), neck pain, hypertension, and seasonal allergies. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-00649
The PEB adjudicated the lumbar spine condition as unfitting, rated 10%, citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy; the left ankle condition as unfitting, rated 0%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD); the OSA condition as unfitting, rated 0%, citing criteria of Department of Defense Instruction (DoDI) 1332.39; and, the pes planus condition as unfitting, rated 0%, citing criteria of the USAPDA pain...
AF | PDBR | CY2011 | PD2011-00415
A January 2004 clinic encounter during a flare of LBP and the April 2004 orthopedic NARSUM indicated normal or near normal motion without muscle spasm while the March 2004 MEB examination recorded significantly reduced ROM. Other PEB Conditions . The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES.
AF | PDBR | CY2013 | PD-2013-02428
The Informal PEBadjudicated “chronic low back pain s/p L4-5 fusion w/o neurologic deficit”as unfitting rated at10%. The Board noted that the VA examination 4 months post separation indicated a forward flexion of 45degreeswhich supports a 20% rating IAW VASRD §4.71a (forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees).However, ROM values reported by the VA examiner approximately 4 months after separation are significantly worse than those...