RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

SEPARATION DATE:  20070815   

 
NAME:  XXXXXXXXXXXXXXXX                                                                  BRANCH OF SERVICE:   ARMY   
CASE NUMBER:  PD1200429 
BOARD DATE:  20121127   
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered 
individual  (CI)  was  an  active  duty  SPC/E-4  (88N/Transportation  Management 
Coordinator),  medically  separated  for  non-radicular  chronic  low  back  pain  (LBP)  with  L4/5 
herniated disc and L5 Grade I spondylolisthesis.  The CI experienced the onset of lower back 
pain in October of 2005.  There was no history of trauma or other back injuries.  The chronic 
LBP  could  not  be  adequately  rehabilitated  with  anti-inflammatory  medications,  steroid 
injections and physical therapy.  The CI did not improve adequately with treatment to meet the 
physical requirements of her Military Occupational Specialty (MOS) or satisfy physical fitness 
standards.  She was issued a permanent L3 profile and referred for a Medical Evaluation Board 
(MEB).  Allergic rhinitis condition, identified in the rating chart below, was also identified and 
forwarded  by  the  MEB.    The  Physical  Evaluation  Board  (PEB)  adjudicated  the  non-radicular 
chronic LBP with L4/5 herniated disc and L5 Grade I spondylolisthesis conditions as unfitting, 
rated  10%  with  application  of  the  Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).  
The remaining condition was determined to be not unfitting.  The CI made no appeals, and was 
medically separated with a 10% disability rating.   
 
 
CI CONTENTION:  “The severity of the pain and inability to function due to my back problems 
were not taken into account”.   
 
 
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.  The service rated condition non-radicular 
chronic  LBP  with  L4/5  herniated  disc  and  L5  Grade  I  spondylolisthesis  as  requested  for 
consideration  meets  the  criteria  prescribed  in  DoDI  6040.44  for  Board  purview;  and,  is 
addressed below.  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 PEB – Dated 20070523 

VA (6 Mos. Post-Separation) – All Effective Date 20070816 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

5299-5237 

10% 

Spondylolisthesis of the Lumbar 
Spine 

5239 

0% 

20080213 

Condition 

Non-radicular Chronic Low 
Back Pain with L4/5 
Herniated Disc and L5 
Grade I Spondylolisthesis 
Allergic Rhinitis 

↓No Additional MEB/PEB Entries↓ 

Not Unfitting 

NO VA ENTRY 
Tendonitis of the Left Achilles 
Tendon 

 

 

 

5024-5271 

10% 

20080213 

Combined:  10% 

Combined:  10% 

 
 
ANALYSIS SUMMARY:   
 
Non-radicular Chronic Low Back Pain with L4/5 Herniated Disc and L5 Grade I Spondylolisthesis.  
There  were  three  goniometric  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.   
 

PT (Narsum)  
~4 Mo. Pre-Sep* 

VA C&P ~6 Mo. Post-Sep 

VA C&P ~4 Years Post-Sep 

Thoracolumbar ROM 
Flexion (90⁰ Normal) 

Ext (0-30) 

R Lat Flex (0-30) 
L Lat Flex 0-30) 
R Rotation (0-30) 
L Rotation (0-30) 
Combined (240⁰) 

90⁰ 
20⁰ 
30⁰ 
20⁰ 
30⁰ 
30⁰ 
220⁰ 

90⁰ 
25⁰ 
30⁰ 
30⁰ 
30⁰ 
30⁰ 
230⁰ 

90⁰ 
30⁰ 
30⁰ 
30⁰ 
30⁰ 
30⁰ 
240⁰ 

+ Tenderness; painful motion 

10% (no RD on file) 

Comment:  

*Inclinometer used by 

PT 

+ Tenderness; mild 

muscle spasm; normal 

gait and contour 

§4.71a Rating 

10% 

+ Tenderness; painful 
motion; normal gait; 
Lasegue’s and SLR neg; 
Waddell testing neg 

10% (VA 0%) 

 
At the MEB exam 4 months prior to separation, the CI reported the onset of LBP in October 
2005.  Although the CI’s back pain was not attributed to either of these events, her history was 
significant for a car accident in 2005 and a fall on her tailbone while in Iraq.  The pain was rated 
“3-4/10  on  a  day  to  day  basis”  with  occasional  8/10  episodes.    There  were  no  radicular 
complaints.    The  CI  was  treated  with  anti-inflammatory  medication,  physical  therapy  and 
epidural  steroid  injections  without  sustained  pain  relief.    The  CI  was  also  evaluated  by 
neurosurgery and was not a surgical candidate.  The MEB physical exam noted tenderness at 
the  L4-L5  level  with  mild  muscle  spasm.    The  gait  and  spinal  contour  were  normal.    The 
neurologic  exam  was  normal.    A  magnetic  resonance  imaging  (MRI)  exam  performed  in 
December 2006 showed L4-5 prominent central disk extrusion without spinal stenosis or neural 
foraminal  narrowing. 
  L-Spine  X-ray  revealed  bilat  spondylolysis  of  L5  and  grade  1 
spondylolisthesis of L5 on S1.  Profile and limitations were no Army Physical Fitness Test (APFT), 
no lifting greater than 15 lbs, no standing greater than 30 minutes, and no impact activities.  At 
the  VA  Compensation  and  Pension  (C&P)  exam  6  months  after  separation,  the  CI  reported 
constant dull pain at the left iliac crest and left buttock.  She did not report radiation of the 
pain.  The exam was significant for tenderness over the lower spinous process without spasm.  
The gait and posture were normal.  The Board directs attention to its rating recommendation 
based on the above evidence.  The pain component, contended by the CI, is subsumed under 
the general spine rating as specified in §4.71a.  The CI had near-normal ROM with tenderness to 
palpation along the lower spinous process per VA examination.  This would meet the criterion 
of local tenderness at a 10% rating evaluation level.  Although mild spasms were noted on the 
MEB  exam,  the  gait  and  spinal  contour  were  normal.    A  higher  evaluation  of  20%  is  not 
supported by the evidence of record under code 5237 per the PEB coding nor 5239 per the VA 
coding.    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 chronic LBP condition.  The Board concluded therefore 
that this condition could not be recommended for additional disability rating.   

 
 
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  LBP  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 

Non-radicular Chronic Low Back Pain with L4/5 Herniated Disc and 
L5 Grade I Spondylolistheis 

VASRD CODE  RATING 
5299-5237 
COMBINED 

10% 
10% 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120514, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB /  ), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for 
XXXXXXXXXXXXXXXXXX, AR20120022044 (PD201200429) 
 
 
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 
 
 
 
CF:  
(  ) DoD PDBR 
(  ) DVA 
 
 

     XXXXXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)