RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 
NAME:  XXXXXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200343 
BOARD DATE:  20130129 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  (Reserve)  CPT/O-3E  (88A/Transportation  Officer), 

BRANCH OF SERVICE:  ARMY 
SEPARATION DATE:  20050505 

medically  separated  for  chronic  radiating  neck  and  shoulder  pain.    She  did  not  respond 

adequately to conservative treatment was unable to perform within her Military Occupational 
Specialty, meet worldwide deployment standards or meet physical fitness standards.  She was 
issued a U3 profile and referred for a Medical Evaluation Board (MEB).  The MEB forwarded 
only  one  condition;  “Cervical  spondylosis  and  multilevel  degenerative  disk  disease  with 
previous radicular and myelopathic signs.”  The Physical Evaluation Board (PEB) adjudicated the 
chronic radiating neck and shoulder pain condition as unfitting, rated 0% with application of the 
Veterans Affairs Schedule for Rating Disabilities (VASRD).  The CI appealed to the Army Board 
for  Correction  of  Military  Records  (ABCMR)  2  years  after  separation  with  no  change  to  her 
original PEB findings.  
 
 
CI  CONTENTION:    “The  rating  issued  by  the  PEB  is  inaccurate  and  did  not  include  all  of  the 
medical  conditions  that  I  had  since  1999.    According  to  the  DA  Form  199  I  was  medically 
separated  for  Chronic  radiating  neck  and  shoulder  pain  with  multilevel  degenerative  disc 
disease (DDD) with some compressed disc bulges at a 0% rating.  However, the Department of 
Veterans Affairs rated my initial claim as an overall 40% combined evaluation.  The MEB failed 
to document, assess, and rate all of my medical conditions per DODI 1332.38, furthermore the 
MEB did not use the proper VASRD rating criteria, or I would have been given a rating decision 
comparable to the decision of the Department of Veterans Affairs, which rated me at 40% for 
my initial claim.  I understand my choice in terms of forum for review. I choose the PDBR to 
consider conditions documented as a matter of record, and in accordance with DoDI 6040.44.” 
 
 
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.   
 
RATING COMPARISON:   
 

Chronic  Radiating  Neck 
and Shoulder Pain 

5243 

0% 

↓No Additional MEB/PEB Entries↓ 
Combined:  0% 

 

Service PEB – Dated 20050419 
Condition 

Code 

Rating 

Rating 

Exam 

Code 

5242 

Degenerative 

VA (20 Mos. Post-Separation) – All Effective Date 20061024 
Condition 
Cervical 
Disc 
Disease  with  Myelopathy  and 
Bilateral Shoulder Pain 
Radiculopathy, 
Left 
Extremity 
Radiculopathy,  Right  Upper 
Extremity 
Hypothyroidism 
Not Service-Connected x 4 
Combined:  40% 

8515 
7903 

10% 
10% 

Upper 

8515 

20% 

10% 

20070110 

20070110 

20070110 
20070110 
20070110 

ANALYSIS  SUMMARY:    The  Board  acknowledges  the  CI’s  assertions  that  PEB  rating  was 
inaccurate and did not include all her medical conditions for which she received a combined 
40% rating from the VA.  It is noted for the record that the Board has neither the jurisdiction 
nor authority to scrutinize or render opinions in reference to asserted service improprieties in 
the disposition of a case.  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.    The  DES  has  neither  the  role  nor  the  authority  to  compensate  members  for 
anticipated  future  severity  or  potential  complications  of  conditions  resulting  in  medical 
separation.    That  role  and  authority  is  granted  by  Congress  to  the  Department  of  Veterans 
Affairs (DVA), operating under a different set of laws (Title 38, United States Code).  The Board 
evaluates  DVA  evidence  proximal  to  separation  in  arriving  at  its  recommendations,  but  its 
authority resides in evaluating the fairness of DES fitness decisions and rating determinations 
for disability at the time of separation with the review of medical records, all evidence at hand 
and compared to VASRD standards.   
 
Chronic Radiating Neck and Shoulder Pain Condition.  This right hand dominant CI had a gradual 
onset of neck and bilateral shoulder pain that started in 1999 which she related to her military 
training especially with successful airborne status and an attempt for air assault status.  These 
symptoms were treated conservatively with nonsteroidal and muscle relaxant medications with 
some relief.  In May 2004 she continued to have severe neck and shoulder pain, 5 of 10 to a 
maximum of 10 of 10 in intensity with just sitting and driving.  She developed new symptoms of 
bilateral finger paresthesias (numbness to the tips of fingers 2, 3 and 4) which caused her the 
inability to not use her hands very well.  She also had a loss of balance with running or walking.  
These new symptoms lasted through July 2004, approximately 3 months.  A chiropractic note 
corroborated the CI’s pain intensity history and additionally documented she reported the pain 
was dull in nature with occasional sharp pains, a decreased energy level, feeling sluggish with 
difficulty walking and that she felt “clumsy.”  Magnetic Resonance Imaging (MRI) obtained and 
revealed  straightening  of  cervical  lordosis,  significant  disk  herniation  at  C5-6  and  C6-7  with 
moderate neural foraminal narrowing (spinal stenosis) and arthritic changes (osteophytes) at 
these levels.  Orthopedic spine surgery next evaluated her, 7 months prior to separation, and 
their physical findings were consistent with C-spine cord compression which included; absent 
right  triceps  reflex,  lower  extremity  hyperreflexia  and  significant  positive  neurologic  signs 
(Hoffmann and inverted radial reflex bilaterally).  X-rays revealed advanced degenerative disc 
disease (DDD) at the C5-6 and C6-7 levels with kyphosis.  The CI’s clinical diagnosis and status at 
this time is captured in the following excerpt. 
 

“It is my impression that this patient has severe myeloradiculopathy.  Due to these symptoms, it 
is my opinion that this patient should consider a  surgical decompressive procedure.   The risks 
and benefits of surgery have been discussed with her.  We have provided her with educational 
information  regarding  cervical  surgery.    As  well,  we  have  would  ask  that  a  cervical  collar  be 
obtained for this patient and that she wear a cervical collar "when she is not driving or sleeping. 
We would also obtain a CT myelogram of the cervical  spine and ask that she return  to see us 
within the next two to three weeks as she decides on the surgical options.  In my opinion, surgery 
should be performed to prevent progression of her problem and that  she, should have limited 
activity and decrease her risk of falls or trauma to the cervical spine as this could precipitate a 
catastrophic neurologic deficit.” 

 
In a follow-up evaluation, 4 months later and a month prior to separation, the same orthopedic 
spine surgeon documented the CI reported an episode of upper extremity dysfunction in which 
she  was  unable  to  use her  arm,  however  this had  resolved.    The  surgeon diagnosed  cervical 
myelopathy and additionally recommended a CT myelogram and an electromyogram (EMG) of 
the upper and lower extremities prior to surgery.  The CI reasonably declined surgery at that 
time and was entered into the DES.  The permanent profile specified the medical condition as 
cervical spondylosis with the following limitations; no push-ups, sit-ups, running, heavy lifting 

2                                                           PD1200343 
 

more than 10 pounds, ruckmarching or physical training testing.  The commander statement is 
captured in the following excerpt. 
 

“…her profile will severely limit her ability to serve in the expeditionary Army we now support 
Her desire is not to stay in the Army, as a leader, if she cannot perform all the requisite physical 
tasks to include being fully deployable.  If she cannot be fully deployable, I therefore support her 
desire to leave active duty.” 

 
There  were  four  goniometric  cervical  range-of-motion  (ROM)  evaluations  in  evidence,  with 
documentation of additional ratable criteria, which the Board weighed in arriving at its rating 
recommendation; as summarized in the chart below.   
 

Ortho 5 Mo Pre-Sep 

MEB 

Cervical ROM 
(Degrees) 
Flex (45⁰ Normal) 
Ext (0-45) 
R Lat Flex (0-45) 
L Lat Flex (0-45) 
R Rotation (0-80) 
L Rotation (0-80) 
COMBINED (340⁰) 
Comment 
§4.71a Rating 

45(60) 
30 
30 
30 
70 
70 
275 
NA 

10% 

PT ~1 Mo. Pre-Sep 
45/45/45 
40/43/43 
40/42/42 
42/42/42 
50/50/50 
50/50/50 
265 
Painful 
tenderness, no spasm 
10% 

motion, 

Full 
Full 
Full 
Full 
Full 
Full 
Full 
No 
motion 
0% 

pain 

No 

with 

VA C&P ~20 Mo. Post-Sep 
20 
10 
5 
5 
60 
50 
150 
+ 
motion 
20% 

Tenderness;  painful 

 
At the MEB exam the CI reported daily cervical and periscapular pain worse with activity, and 
left upper extremity paresthesias, specifically pain from the left shoulder to the left arm which 
worsened with dressing and undressing which had been ongoing for a couple of weeks.  She 
reported  that  her  right  upper  extremity  paresthesias  had  resolved.    The  MEB  physical  exam 
demonstrated no tenderness, muscle atrophy or loss of light sensory touch and normal motor 
strength.  The exam, however, demonstrated significant objective neurologic signs, also found 
in the orthopedic exam, consistent with severe cervical myeloradiculopathy/cord compression 
to  include;  a  questionable  Hoffman  sign  bilaterally,  hyperreflexia  of  the  patella  and  ankle 
reflexes  bilaterally,  equivocal  Babinski  on  the  right,  questionable  on  the  left  with  1  beat  of 
clonus bilaterally.  X-rays revealed multilevel spondylosis and a reverse of the normal lordosis 
and  the  examiner  cited  the  above  referenced  MRI.    The  examiner  diagnosed  cervical 
spondylosis and multilevel DDD with previous radicular and myelopathic signs.  The examiner 
further opined her significant condition was not compatible with vigorous activity, that she be 
referred for a PEB and probable separation from the military. 
 
At the VA Compensation and Pension (C&P) exam, 20 months after separation, the CI reported 
severe constant neck pain that radiated into both shoulders and down the right arm into the 
3rd and 4th fingers.  She reported taking muscle relaxant and narcotic pain medications with 
good relief, had no flare-ups yet was unemployed due to her neck condition.  The C&P exam 
demonstrated  no  muscle  weakness,  atrophy,  spasm,  or  Deluca  observations,  normal posture 
and no ankylosis of the spine.  The exam, however, demonstrated diminished grip strength and 
decreased  sensation  to  light  touch  over  fingertips,  bilaterally.    The  MRI  of  cervical  spine 
revealed moderate to severe central canal stenosis with cord compression at C5-C6 and C6-C7 
and  moderate  to  severe  right  neural  foraminal  stenosis  at  C6-C7.    The  examiner  diagnosed 
cervical  myelopathy  with  radiculopathy  and  further  documented  mild  impairment  with 
activities of daily living to include bathing, dressing and grooming and severe impairment with 
independent activities of daily living to include shopping and chores.   
 
The Board directs attention to its rating recommendation based on the above evidence.  It is 
noted for the record that the Board recognizes the significant interval (20 months) between the 
date  of  separation  and  the  VA  evaluation.    DoDI  6040.44,  under  which  the  Board  operates, 

3                                                           PD1200343 
 

specifies a 12-month interval for special consideration to VA findings.  This does not mean that 
the  VA  information  was  disregarded,  as  it  was a  valuable  source  for  clinical  information  and 
opinions relevant to the Board’s evaluation.  In matters germane to the severity and disability 
at the time of separation the information in the MEB exam and the service record thus were 
assigned  proportionately  more  probative  value  as  a  basis 
for  the  Board’s  rating 
recommendations. 
 
The  PEB  and  VA  chose  different  coding  options  for  the  condition  which  had  significant 
implications on the rating for the Board to consider and is the pivotal discussion in this case.  
The Board notes the PEB rated the condition with only a musculoskeletal code, IAW 4.71a, yet 
the VA rated the condition with a musculoskeletal code, IAW 4.71a, and two neurologic codes, 
IAW  4.124a.    The  Board  acknowledges  that  the  chronic  radiating  neck  and  shoulder  pain, 
identified  by  the  PEB  as  the  unfitting  condition,  was  consistently  diagnosed  as  cervical 
myeloradiculopathy in the service treatment record and later in the VA exam.  Furthermore the 
MEB  forwarded  “Cervical  spondylosis  and  multilevel  degenerative  disk  disease  with  previous 
radicular  and  myelopathic  signs.”    The  action  officer  offers  the  following  summary  of  this 
disorder  for  the  Board  members  as  they  consider  the  permanent  rating  recommendation.  
Degenerative spondylotic myeloradiculopathy is thought to be the result of chronic, repetitive 
compressive damage to the cervical spinal cord and roots.  When the myelopathic spinal cord is 
examined,  changes  are  found  that  suggest  chronic  demyelination,  vascular  compromise,  and 
inflammation  of the  nerve  roots.    In this  case the  myeloradiculopathy was  due  to  several  C-
Spine pathologies to include; cervical spondylosis, DDD and herniated nucleus pulposus (HNP) 
at C5-6 and C6-7 which led to spinal stenosis and ultimately to symptoms and signs consistent 
with C-spine cord compression.  Cervical myeloradiculopathy occurs in 5 to 10% of patients with 
symptomatic cervical spondylosis.  There is no well-defined pattern of neurologic deficits yet 
the  varying  symptoms  and  signs  presented  in  this  case  are  consistent  for  this  diagnosis  to 
include  the  early  gait/balance  disturbance  noted  by  the  CI.    This  disability  is  not  specifically 
listed  in  the  VASRD  rating  schedule;  therefore,  it  must  be  rated  analogous  to  a  disability  in 
which not only the functions affected, but anatomical localization and symptoms, are closely 
related.  The challenge before the Board is to consider how best to capture the radiating pain of 
the neck and shoulders with consideration of all the C-spine pathologies that led to the severe 
myeloradiculopathy.  The Board agreed to consider any closely related musculoskeletal codes, 
neurologic codes or coding with a combination of both similar to the VA’s rating decision. 
 
The Board first considered ratings assigned by the PEB and the VA IAW 4.71a.  The PEB assigned 
0% with diagnostic code (DC) 5243 (Intervertebral disc syndrome) for neck pain with full ROM, 
no paraspinous tenderness and no unfitting clinical signs of radiculopathy.  The Board notes the 
MEB  exam  is  without  goniometric  detail.    The  Board  carefully  reviewed  the  file  for 
corroborating  evidence  in  the  12-month  period  prior  to  separation  and  agreed  there  is 
corroborating  evidence  for  limited  combined  cervical  ROM  to  warrant  the  minimum  of  10% 
under  the  PEB’s  chosen  code.    The  Board  next  considered  the  VA  chosen  5242  code 
(degenerative  arthritis  of  the  spine)  which  defaults  to  the  5003  criteria  and  5238  (spinal 
stenosis)  and  agreed  the  combined  limitation  of  motion  evidenced  supports  the  10%  rating 
under  both  these  codes  and  does  not  support  the  20%  higher  rating  under  5003  for 
incapacitating  episodes.    Finally,  with  regards  to  the  musculoskeletal  codes,  the  Board 
considered  the  evidence  for  the  PEB  chosen  code  5243  under  the  formula  for  rating 
intervertebral  disc  syndrome  for  incapacitating  episodes  in  which  there  are  periods  of  acute 
signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a 
physician and treatment by a physician.  The evidence documents significant disk herniation at 
C5-6 and C6-7 with moderate neural foraminal narrowing (spinal stenosis).  The Board agreed 
the  evidence  supports  two  significant  episodes  of  increasing  neck  and  shoulder  pain  with 
additional  neurologic  deficits  (of  the  upper  and  lower  extremities)  prior  to  separation,  one 
which lasted for 3 months and the other which lasted for over a couple weeks (2 weeks).  These 
episodes  were  consistent  with  the  MRI  documented  C5-6  and  C6-7  disc  disease.    These  disc 

4                                                           PD1200343 
 

levels  could  manifest  as  radicular  neck  pain  and  radicular  shoulder  pain,  respectively,  along 
with other associated sensory and motor deficits consistent at each of these levels.  While the 
neck  collar  prescribed  by  a  physician  was  to  prevent  any  trauma  to  the  C-spine,  the  Board 
considered  the  limited  activity  recommendation  by  the  treating  orthopedic  surgeon,  the 
significant  limitations  noted  on  the  permanent  profile  and  the  commanders  statement  “the 
profile will severely limit her ability” and agreed this represented physician prescribed limited 
activity  to  consider  the  60%  higher  rating  under  this  diagnostic  code  for  “incapacitating 
episodes having a total duration of at least 6 weeks during the past 12 months.” 
 
The Board next considered ratings assigned by the VA IAW §4.124.  The VA assigned 10% each 
for the right and left upper extremity coded 8515 (paralysis of the median nerve (carpal tunnel) 
for  mild  incomplete  paralysis  of  the  hands  demonstrated  by  diminished  grip  strength  and 
decreased sensation of the fingertips to light touch and pain.  The Board notes the condition 
included pain of the bilateral shoulders, arms and hands, paresthesias of the bilateral fingers, 
and an episodic impairment of balance.  The Board agreed the 8515 code does not reflect the 
injury of the nerves involved in this case.  The Board considered the diagnostic code 8513 which 
allows ratings for nerve damage to the upper nerve radicular group and the middle radicular 
group which covers the fifth, sixth and seventh cervicals and agreed the evidence supports C-
spine  pathology  at  all  these  cervical  levels.    Therefore  Board  agreed  to  consider  ratings  for 
diagnostic  codes  under  8513  (all  radicular  groups).    The  VASRD  IAW  §4.124a  does  not 
specifically  delineate  criteria  for  “mild,”  “moderate,”  or  “severe”  and  therefore  requires  the 
evaluator to be reasonable and just when considering the evidence.  However, the Board notes 
the  VASRD  §4.123  and  §4.124  gives  further  guidance  with  respect  to  severity  of  nerve 
impairment when considering a neuritis or neuralgia diagnostic codes, respectively.  “Neuritis, 
cranial or peripheral, characterized by loss of reflexes, muscle atrophy, sensory disturbances, 
and constant pain, at times excruciating, is to be rated on the scale provided for injury of the 
nerve involved, with a maximum equal to severe, incomplete, paralysis.  The maximum rating 
which  may  be  assigned  for  neuritis  not  characterized  by  organic  changes  referred  to  in  this 
section  will  be  that  for  moderate,  or  with  sciatic  nerve  involvement,  for  moderately  severe, 
incomplete paralysis.”  The Board agreed at the time of separation the evidence did support 
constant  pain  that  could  be  excruciating,  and  while  the  evidence  did  support  significant 
neurologic  signs  which  resulted  in  intermittent  organic  changes,  these organic  changes  were 
intermittent,  not  permanent.    Therefore  the  Board  agreed  at  the  time  of  separation  the 
evidence  supports  constant  pain  that  could  be  excruciating  and  achieves  the  mild  neuritis 
threshold however does not meet the moderate threshold absent permanent organic changes.  
When considering this diagnostic code, Major is defined as the dominant hand and therefore a 
major rating is assigned for the right upper extremity and minor for the left upper extremity.  
These ratings are combined with application of the bilateral factor IAW §4.124a, diseases of the 
peripheral nerves.   
 
A  lengthy  deliberation  ensued  with  which  VASRD  rating  approach  best  would  capture  the 
chronic  radiating  neck  and  shoulder  pain.    First,  the  Board  agreed  IAW  §4.14  (Avoidance  of 
pyramiding)  that  the  pain  disability  could  only  be  coded  with  either  a  musculoskeletal  and 
neurological  code  not  both.    Next  the  Board  notes  the  VASRD  specifies  if  two  disability 
evaluations  are  potentially  applicable,  the  higher  evaluation  will  be  assigned  if  the  disability 
picture more nearly approximates the criteria required for that evaluation,  §4.7.  Otherwise, 
the lower rating will be assigned.  The Board agreed the 10% rating achieved with the §4.71a 
limitation of motion with the DC 5238, 5242, and 5243 under the general formula for diseases 
and injuries does not represent the pain disability picture in this case.  The Board agreed the 
pain disability is not manifested by limited cervical ROM but rather more closely manifests as a 
neurologic radicular radiating neck and shoulder pain due to the demyelinating disease of C-
spine cord compression or due to C5-6, C6-7 HNP disc disease or both.  Furthermore, the Board 
finds the evidence supports ongoing radicular symptoms with radiating neck and shoulder pain, 
left upper extremity dysfunction due to pain and persistent myelopathic signs on exam at the 

5                                                           PD1200343 
 

time  of  the  MEB,  contrary  to  the  MEB  characterization’s  of  “previous previous  radicular and 
myelopathic signs.”  The Board agreed the VASRD code 5243 for incapacitating episodes, while 
it does capture the disc disease in this case, does not capture the remaining pathology of the C-
spine.  Furthermore, while the evidence supports physician prescribed limited activity, there is 
no evidence of physician prescribed bed rest.  Therefore based on all evidence and associated 
conclusions,  the  Board  agreed  the  VASRD  code  8613  best  captures  the  chronic  radicular 
radiating neck and shoulder pain disability.  The action officer prefers an analogous code to the 
8613 code as the pathology originates in the cervical spine as cord compression and HNP disc 
disease at the level of the C5-6 and C6-7 with pain at times excruciating and with intermittent 
organic neurologic sensory disturbances.  After due deliberation, considering all of the evidence 
and  mindful  of  VASRD  §4.3  (Resolution  of  reasonable  doubt),  the  Board  recommends  a 
combined disability rating of 40% for the chronic radiating neck and shoulder pain condition 
IAW  §4.124  and  IAW  §4.25.    The  Board  notes  this  recommendation  is  consistent  with 
application  by  the  VA  based  on  a  review  of  VA  Board  of  Appeals  decisions  for  adjudicating 
radiating  neck  pain  due  to  C-spine  pathology  which  was  not  manifested  as  a  limitation  of 
motion of the C-spine. 
 
 
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 radiating neck and shoulder pain condition, the 
Board unanimously recommends a disability rating of 20% and 20% for myeloradiculopathy of 
the  right  and  left  upper  extremity  manifested  as  chronic  radiating  neck  and  shoulder  pain 
coded 8613 for a combined disability rating of 40%.  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;  and,  that the discharge  with  severance pay  be  recharacterized to  reflect  permanent 
disability retirement, effective as of the date of her prior medical separation:   
 

UNFITTING CONDITION 
Myeloradiculopathy, Right Upper Extremity 
Myeloradiculopathy, Left Upper Extremity 

VASRD CODE  RATING 
8699-8613 
8699-8613 

20% 
20% 
COMBINED (w/ BLF)  40% 

The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120417, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

XXXXXXXXXXXXXXXXXX, DAF 
Acting Director 
Physical Disability Board of Review 

6                                                           PD1200343 
 

SFMR-RB 
 

 

 
 

 

 

 
 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency  

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

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation  

for XXXXXXXXXXXXXXXXXX, AR20130003821 (PD201200343) 

1.  Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed 
recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR) 
pertaining to the individual named in the subject line above to recharacterize the individual’s 
separation as a permanent disability retirement with the combined disability rating of 40% 
effective the date of the individual’s original medical separation for disability with severance 

pay.   

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: 

 

a.  Providing a correction to the individual’s separation document showing that the 

individual was separated by reason of permanent disability retirement effective the date of the 

original medical separation for disability with severance pay. 

 

b.  Providing orders showing that the individual was retired with permanent disability 

effective the date of the original medical separation for disability with severance pay. 

 
c.  Adjusting pay and allowances accordingly.  Pay and allowance adjustment will 
account for recoupment of severance pay, and payment of permanent retired pay at 40% 

effective the date of the original medical separation for disability with severance pay. 

 

d.  Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and 

medical TRICARE retiree options. 

 
 

 
 

 
 

 

 

 

 

 

 
 
 
 
 
 

 

 
 
 
 

 

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 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     XXXXXXXXXXXXXXXXXX 

     Deputy Assistant Secretary 
         (Army Review Boards) 

7                                                           PD1200343