RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20031218
NAME: XXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200522
BOARD DATE: 20130118
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SGT/E‐5, (92A/Automated Logistical Specialist),
medically separated for low back pain (LBP). The CI first noted LBP with running and lifting, but
not associated with any specific trauma. He was not a surgical candidate and did not improve
adequately with conservative treatment to meet the physical requirements of his Military
Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a permanent
L3 profile and referred for an MOS Medical Retention Board which recommended a Medical
Evaluation Board (MEB). The MEB determined that the LBP failed retention standards and
referred the case to the Physical Evaluation Board (PEB) for adjudication. The MEB forwarded
no other conditions. The PEB adjudicated the LBP condition as unfitting, rated 10%, with
application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no
appeals and was medically separated with a 10% disability rating.
CI CONTENTION: “Lower back pain with left lower extremity radiculopathy, Tinnitus, chronic
right shin pain, bilateral hearing loss” were listed under the contention in his application.
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 other requested conditions (tinnitus,
bilateral hearing loss and right shin pain) are 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:
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. 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. 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 nor for conditions
determined to be service‐connected by the Department of Veterans Affairs (DVA) but not
Service IPEB – Dated 20031030
Code
Condition
5237
Low back pain
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Rating
10%
VA (2 Mos. Post‐Separation) – All Effective Date 20031219
Condition
LBP w/LLE radiculopathy
Tinnitus
0% X 1 / Not Service‐Connected x 1
Combined: 20%
Rating
10%
10%
Code
5237
6260
Exam
20040207
20040203
Thoracolumbar ROM
Degrees
Flexion (90 Normal)
Combined (240)
Comment
§4.71a Rating
MEB ~3 Mo. Pre‐Sep
VA C&P ~2 Mo. Post‐Sep
85
215
Mild TTP; 5/5 motor
strength;
ROM
limitations are due to
pain
10%
80
‐‐‐
No antalgic gait; minimal
paraspinal tenderness; neg
SLR; 5/5 motor strength
10%
determined to be unfitting by the PEB. However the DVA, operating under a different set of
laws (Title 38, United States Code), is empowered to compensate all service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should the degree of impairment vary over time. The Board’s role is
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to VASRD standards, based on severity at the time of
separation.
Low Back Condition. There were two 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.
The CI was first seen for LBP in 1991 during an evaluation for a viral syndrome. At that visit, he
reported a prior history of LBP without further details other than denying trauma. Over the
next 10 years he was seen intermittently for LBP and treated with medications and physical
therapy (PT). An L2 profile was issued on 15 March 2002, the first recorded profile for the back
in the records. A trigger point injection was performed on 8 November 2002. The CI was seen
in orthopedics on 22 January 2003 and noted to have normal X‐rays and physical examination
other than tight hamstrings. He was referred to PT with a further recommendation of an
upgraded profile and MEB if PT did not improve his symptoms sufficiently to return to duty.
The trial of PT was of no benefit and the CI was given an L3 profile and referred to a MEB on
7 May 2003. At the MEB examination on 16 September 2003, 3 months prior to separation, the
CI reported a long history of LBP without antecedent trauma refractory to treatment. The
examiner noted normal contour, sensation, strength and reflexes. There was tenderness to
palpation over the lumbar midline, sacroiliac joints (L>R), and paralumbar muscles. No signs of
non‐organic pain were present. Provocative testing for nerve root irritation was negative.
Minimal muscle spasms were present. The narrative summary was dictated the same day and
referred to the above examination. It also noted that lumbar X‐rays also done that day were
normal and showed no significant interval change from prior X‐rays obtained 15 January 2002.
At the VA Compensation and Pension examination on 7 February 2004, 7 weeks after
separation, the CI reported LBP along the belt line which would radiate into the left lower
extremity as far as the knee. He denied bowel or bladder incontinence and there were no
recorded episodes of incapacitation. On examination, he was noted to have a normal gait and
to be able to get on and off the examination table without difficulty. Minimal paraspinal
tenderness and increased muscular tone were noted. His LBP was aggravated at extreme
extension, but not flexion. Strength and reflexes were normal; no comment was made on
sensation. On X‐rays, there was a mild decrease in normal lordosis, but otherwise they were
normal.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA both rated the LBP at 10% and coded it 5237, lumbosacral strain. The Board noted
that there were no neurological findings to support the presence of a radiculopathy at
separation. The Board considered the other coding options for the back and none offered a
route to a higher rating that the 10% awarded. After due deliberation, considering all of the
evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the Board concluded
2 PD1200522
that there was insufficient cause to recommend a change in the PEB adjudication for the LBP
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 LBP condition 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.
VASRD CODE RATING
5237
COMBINED
10%
10%
UNFITTING CONDITION
Low Back Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120602, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
XXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXXXXXXX, AR20130001994 (PD201200522)
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:
3 PD1200522
Encl
XXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200522
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