RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

 
   BRANCH OF SERVICE:  NAVY 
   SEPARATION DATE:  20030215 

 
NAME:   XXXX 
CASE NUMBER:  PD1200118                             
BOARD DATE:  20121009 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  ET2/E-5  (ET2/Electronics  Technician),  medically 
separated for neuropathic pain.  The CI injured her back in 1997 in a motor vehicle accident and 
was  eventually  diagnosed  with  piriformis  syndrome.    While  her  symptoms  improved  after 
surgical treatment, she continued to have pain and paresthesias and was unable to meet the 
physical requirements of rating or satisfy physical fitness standards.  She was placed on limited 
duty  (LIMDU)  and  referred  for  a  Medical  Evaluation  Board  (MEB).    The  MEB  forwarded  the 
neuropathic  pain,  post  release  of  her  piriformis,  and  questionable  labral  tear  per  magnetic 
resonance imaging (MRI) conditions for Physical Evaluation Board (PEB) adjudication.  The PEB 
adjudicated  the  neuropathic  pain  condition  as  unfitting,  rated  10%,  with  application  of  the 
Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The  remaining  conditions  were 
determined  to  be  not  unfitting  and  rated  Category  II.    The  CI  made  no  appeals,  and  was 
medically separated with a 10% disability rating. 
 
 
CI CONTENTION:  The CI elaborated no specific contention in her application.  
 
 
SCOPE OF REVIEW:  The Board wishes to clarify that the scope of its review as defined in the 
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 ratings for unfitting conditions will be reviewed in 
all cases.  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 Board for 
Correction of Naval Records.    
 
 
RATING COMPARISON:   
 

VA (~5 Months Pre-Separation) – All Effective Date 20030216 

Service IPEB – Dated 20020909 
Condition 
Neuropathic Pain 

8799-8720 

Code 

Rating 
10% 

Status Post Release of her 
Piriformis 

Questionable Labral Tear 
Per MRI 

Cat II 

Cat II 

↓No Additional MEB/PEB Entries↓ 

Condition 

Right Sciatic Nerve Dysfunction 
With Neuropathic Pain Caused By 
Piriformis Compression (Also 
Claimed as Numbness of 4th and 
5th Digit, Right Foot) 
Status Post Right Hip Injury with 
Labral Tear 
Lumbosacral Strain/Sprain 
Scar, Right Lower Leg 
Scar, Right Buttock Area 
Migraine Headaches 
Post Traumatic Stress Disorder 

5299-
5255 
5295 
7804 
7804 
8100 
9411 
0% X 1 / Not Service Connected x 0 

Code 

Rating 

Exam 

8520 

10% 

20020917 

10% 
10% 
10% 
10% 
10% 
10% 

20020917 
20020917 
20020917 
20020917 
20020917 
20021108 
20020917 

Combined:  10% 

Combined:  50% 

its  recommendations;  and,  DoDI  6040.44  defines  a  12-month 

ANALYSIS SUMMARY:  The Board wishes to clarify that it is subject to the same laws for service 
disability entitlements as those under which the Disability Evaluation System (DES) operates.  
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.    However  the  Department  of 
Veterans’ Affairs (DVA), operating under a different set of laws (Title 38, United States Code), is 
empowered to compensate all service-connected conditions and to periodically reevaluate said 
conditions  for  the  purpose  of  adjusting  the  Veteran’s  disability  rating  should  the  degree  of 
impairment vary over time.  The Board utilizes DVA evidence proximal to separation in arriving 
at 
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 DES fitness determinations and rating decisions 
for disability at the time of separation and is limited to conditions adjudicated by the PEB as 
either  unfitting  or  not unfitting.   Post-separation  evidence therefore  is probative only to the 
extent  that  it  reasonably  reflects  the  disability  and  fitness  implications  at  the  time  of 
separation. 
 
Neuropathic Pain Condition.  The MEB narrative summary (NARSUM) was completed 8 months 
prior to separation and it noted a 4 year history of right hip, right buttock, and groin pain.  The 
CI  had  been  on  limited  duty  (LIMDU)  since  August  2001  for  mechanical  low  back  pain  with 
sciatica.  The CI injured her lower back as a result of a motor vehicle accident while on active 
duty in 1997.  Her symptoms continued despite therapy and worsened during pregnancy and 
childbirth in 1999.  An EMG (Electromyography) in March 2001 showed no abnormalities in the 
right lower extremity including the right sciatic, sacral, and lumbar nerve roots.  An MRI of the 
lumbar  spine  performed  in  April  2001  noted  a  mild  broad-based  disc  bulge  at  L4-5  without 
significant mass effect and neural foramina were widely patent.  Maximal medical benefit of 
therapy  had not  yet  been  achieved  and  further  treatment  from the  pain  clinic  was  pursued.  
She  continued  treatment 
including  physical  therapy,  medication,  and  epidural  steroid 
injections.  However, her symptoms continued and a repeat EMG performed in February 2002 
was  also  normal.    An  injection  of  the  piriformis  muscle  in  March  2002  did  relieve  her  pain.  
Piriformis  release  surgery  was  completed  in  April  2002  for  definitive  treatment  of  what  was 
now  considered  piriformis  syndrome.    She  initially  did  well  after  surgery  and  regained  some 
sensation in her right lower extremity.  However, she developed a neuropathic type pain that 
was  treated  with  physical  therapy  and  medication:  Elavil  and  then  neurontin.    Her  pain  and 
paresthesias persisted despite treatment and the medical board process was initiated.  Physical 
examination noted full 5/5 strength in bilateral lower extremities and intact sensation.  The scar 
from her surgery was hypersensitive.  Separate VA Compensation and Pension (C&P) exams for 
general  medical  and  peripheral nerves  were  completed  approximately 7  months  after the  CI 
separated  from  the  Navy  Reserve.    A  similar  clinic  history  was  reported  at  the  VA.    The  VA 
examiner noted that in addition to the piriformis release, a neurolysis was also done at the April 
2002  surgery  however  the  operative  report  is  not  available  in  the  record  for  review.    The 
general  medical  exam  documented  normal  posture  and  gait,  marked  superficial  tenderness 
over  the  scar  in  the  right  buttock  area,  and  normal  reflexes  in  bilateral  upper  and  lower 
extremities.    Tenderness  to  palpation  over  the  sacroiliac  joint  and  over  the  insertion  of  the 
iliopsoas muscle in the right groin was also noted.  The peripheral nerve examiner noted that 
while the CI had considerably improved after surgery she continued to have a lot of pain and 
numbness down her right leg.  The sciatic pain was intermittent and was made worse by any 
type of increased activity.  Her complaints were limited to pain and paresthesias and she denied 
any weakness. 
 
The PEB rated the unfitting condition of neuropathic pain as VASRD code 8799-8720 at 10% for 
mild incomplete paralysis.  The VA rated using the direct code for sciatic nerve, 8520, and also 
applied a 10% disability rating.  The Board directs attention to its rating recommendation based 
on the above evidence.  Although the PEB and VA used different codes, they both determined 

   2                                                           PD1200118 
 

the CI should be rated as mild, incomplete paralysis of the sciatic nerve.  No appropriate rating 
scheme  leads  to  a  rating  greater  than  10%.    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  neuropathic  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 neuropathic pain condition and IAW VASRD §4.124a, the 
Board unanimously recommends no change in the PEB adjudication. 
 
 
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 
8799-8720 
COMBINED 

10% 
10% 

Neuropathic Pain 

 

 

The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120203, w/atchs. 
Exhibit B.  Service Treatment Record. 
Exhibit C.  Department of Veterans Affairs Treatment Record. 
 
 
 
 
 
 

            

 

   3                                                           PD1200118 
 

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL 

                                  OF REVIEW BOARDS  
 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 

 

 
 
 
 
 
 

     

Ref:  (a) DoDI 6040.44 
 

(b) CORB ltr dtd 7 Nov 12 

 

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for 
the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR 
that the following individual’s records not be corrected to reflect a change in either characterization 
of separation or in the disability rating previously assigned by the Department of the Navy’s 
Physical Evaluation Board: 
 
                  -    former USN  
-    former USN  
-    former USMC 
-    former USN   
-    former USMC 
-    former USMC 
-    former USMC 
-    former USN  

 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  
  Assistant General Counsel 
  (Manpower & Reserve Affairs) 

   4                                                           PD1200118