RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20050826
NAME: XXXXXXXXXXXXXXX
CASE NUMBER: PD1200189
BOARD DATE: 20121120
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty CPL/E‐4 (15T10/UH‐60 Helicopter Repairer),
medically separated for bilateral multidirectional shoulder instability/pain status post (s/p)
bilateral capsular shift. The CI developed right shoulder multidirectional instability after a
motor vehicle accident in September 2002 and he later also developed multidirectional
instability in his left shoulder. Instability in both shoulders persisted after surgical treatment
and extensive physical therapy. The CI also experienced multiple right shoulder dislocations
after surgery. The CI did not improve adequately and was unable 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 bilateral multidirectional shoulder instability condition as unfitting, rated 0%,
with application of the US Army Physical Disability Agency (USAPDA) pain policy. The CI made
no appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: “I was provided an overall rating of 0% by the Army review board upon my
discharge for conditions that I sustained during combat in operation Iraqi freedom (OIF). I was
awarded with the US Department of Veterans Affairs an overall rating of 30% for these same
conditions in which I was separated from the armed forces. These conditions have all
worsened since my discharge in August 2005. I have attached VA Form 3288; copies of my
Physical Evaluation Board (PEB) proceedings, orders 230‐0705 from the Department of the
Army Heaquarters (sic) located in Fort Campbell KY; my inital (sic) VA award letter dated
October 12, 2005; medical records fro (sic) southern bone and joint; and my DD 214. You may
secure my medical records from VAMC Wiregrass outpatient (Fort Rucker AL); VAMC Gateway
Hospital/ Premier Medical Group in Clarksville TN regarding these conditions.”
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 rating for
the unfitting condition of bilateral multidirectional shoulder instability/pain will be reviewed.
The remaining condition rated by the VA at separation 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 20050810
Code
Condition
5099
Bilateral Multidirectional
Shoulder Instability status post
Bilateral Capsular Shift
‐
5003
Rating
0%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
VA (3 Mos. Pre‐Separation) – All Effective Date 20050827
Condition
Right Shoulder Instability status post
Right Capsular Shift Bankart Repair
Residuals of status post Left Shoulder
Open Capsular Shift
5203
0% x 1/Not Service‐Connected x 1
Code
5202
Rating
20%
10%
Exam
20050511*
20050609*
Combined: 30% (Bilateral Factor 2.8)
its recommendations; and, DoDI 6040.44 defines a 12‐month
*VA ratings based on MEB NARSUM (20050511) and MEB History and Physical (20050609) exams. No VA C&P examinations
were done.
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application,
i.e., that the gravity of his condition and predictable consequences merit consideration for a
higher separation rating. 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
Veteran Affairs, 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. Post‐separation evidence therefore is probative only to
the extent that it reasonably reflects the disability and fitness implications at the time of
separation.
The PEB rated both shoulders together under the single analogous 5003 degenerative arthritis
code. This coding approach is countenanced by AR 635‐40 (B.24 f.), but IAW DoDI 6040.44 the
Board must apply only VASRD guidance to its recommendation. The Board must therefore
apply separate codes and ratings in its recommendations if compensable ratings for each joint
are achieved IAW VASRD §4.71a. The Board must exercise the prerogative of separate fitness
recommendations in this circumstance, with the caveat that its recommendations may not
produce a lower combined rating than that of the PEB. If the Board judges that two or more
separate ratings are warranted in such cases, however, it must satisfy the requirement that
each “unbundled” condition was unfitting in and of itself. Since §4.71a criteria are met for
separate joint ratings in this case, the Board is pursuing separate rating and fitness evaluations
as follows.
Bilateral Multidirectional Shoulder Instability Condition. The Board first considered if separate
right and
left shoulder conditions, having been de‐coupled from the combined PEB
adjudication, each remained independently unfitting. The CI’s permanent profile for bilateral
shoulder instability documented multiple significant limitations that can be attributed only to
the shoulders. The right shoulder multidirectional instability with recurrent dislocations, as an
isolated injury with a hypothetically normal left shoulder, was significant enough to result in the
permanent U3 profile as written. All Board members agreed that the right shoulder
multidirectional instability, as an isolated condition, would have rendered the CI incapable of
continued service within his MOS, and accordingly merits a separate disability rating. The
Board majority concluded that the left shoulder multidirectional instability was not separately
unfitting and therefore, no additional disability rating can be recommended.
2 PD1200189
There was one range‐of‐motion (ROM) evaluation in evidence, with documentation of
additional ratable criteria, which the Board weighed in arriving at its rating recommendation, as
summarized in the chart below.
MEB ~3 Months Pre‐Separation
Right and Left
180⁰
180⁰
90°
To T3
Shoulder ROM
Flexion (0‐180⁰)
Abduction (0‐180⁰)
External Rotation
Internal Rotation
Comments
§4.71a Rating
No mention of use of a goniometer or whether movements were active or passive.
Examiner did not separate left and right shoulders. Well‐healed scars on both
shoulders; Sulcus test 2+ bilaterally; anterior load and shift is 1 to 2+ bilaterally;
apprehension testing does not produce a sensation of instability but does cause
shoulder pain that is not relieved with relocation testing. Light touch sensation intact
and motor 5/5 in bilateral upper extremities.
0%
The MEB narrative summary (NARSUM) completed approximately 3‐1/2 months prior to
separation. No VA Compensation and Pension (C&P) examination was performed; the VA used
the NARSUM examination to rate the CI’s shoulders. The CI injured his right shoulder in a
motor vehicle accident in September 2002. Prior to arthroscopic surgery with open capsular
shift in November 2003, he had a total of five dislocations and many more subluxation
episodes. In November 2004, the CI again had two right shoulder dislocations with abduction
and external rotation and was treated with a shoulder immobilizer. In February 2005, the
orthopedic surgeon noted the CI had had four right shoulder dislocations since surgery; another
documented dislocation occurred in August 2005. A second surgery was discussed but the
outcome of repeat capsular shift was noted to be unpredictable and the CI reasonably opted to
forgo the surgery.
An early November 2004 examination of both shoulders documented instability and the right
shoulder was actually subluxed. At the time of the NARSUM, the CI continued to have bilateral
mild to moderate glenohumeral instability as recorded in the chart above. Although ROM
measurements are recorded, it is unknown whether a goniometer was used or if the motions
were active or passive. Additionally, there is no mention of the presence of pain with motion.
Both the permanent profile and the commander’s letter noted the CI was unable to work
overhead. At the MEB exam in June 2005, the CI reported chronic dislocation of both shoulders
that remained unresolved after attempted surgical correction. He also reported his right hand
went numb occasionally depending on the movement of his right shoulder and that he was
unable to move his upper extremities normally when his shoulders were subluxed. The MEB
physical exam noted increased laxity in both shoulders and a normal neurologic examination.
The Board directs attention to its rating recommendation based on the above evidence. As
discussed above the PEB combined both shoulders and assigned an overall 0% rating IAW the
USAPDA pain policy. The VA rated the right shoulder instability at 20% using code 5202 based
on recurrent but infrequent episodes of dislocation. With full ROM and normal motor strength
as noted above, only pain would preclude the CI from working overhead and the Board
therefore infers that, more likely than not, the CI had painful motion of the right shoulder in
addition to the recurrent dislocations. However, the record is silent concerning the presence or
absence of guarding of arm movements. After due deliberation, the Board agreed that the
preponderance of the evidence with regard to the functional impairment of right shoulder
multidirectional instability with recurrent dislocations condition favors its recommendation as a
separately unfitting condition for disability rating. Considering all of the evidence and mindful
3 PD1200189
of VASRD §4.3 (reasonable doubt), and VASRD §4.7 (higher of two evaluations), the Board
recommends a disability rating of 20% for the right shoulder multidirectional instability with
recurrent dislocations 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. As discussed above, PEB
reliance on the USAPDA pain policy was operant in this case and the Board adjudicated the
right and left shoulder conditions independently of that policy. In the matter of the right
shoulder multidirectional
instability with recurrent dislocations condition, the Board
unanimously agrees that this condition was separately unfitting; and, unanimously
recommends a disability rating of 20%, coded 5202 IAW VASRD §4.71a. In the matter of the left
shoulder multidirectional instability condition, the Board unanimously agrees that it was not
separately unfitting and no additional disability rating is recommended. 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 his prior medical separation:
UNFITTING CONDITION
Right Shoulder Multi‐Directional Instability status post Capsular
Shift with History of Multiple Dislocations
5202
VASRD CODE RATING
20%
20%
COMBINED
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120224, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200189
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXX, AR20120022703 (PD201200189)
5 PD1200189
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 20% 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
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
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