RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20021107
NAME: XXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200570
BOARD DATE: 20121221
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SGT/E‐5, (91W/Combat Medic), medically separated
for low back pain (LBP) status post (s/p) motor vehicle accident (MVA). The CI had an MVA in
2001 and was treated medically. No fractures were documented and no surgery was indicated.
The CI did not improve adequately with treatment to meet the physical requirements of his
Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a
permanent L4 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
“mechanical LBP, therapy resistant” to the Physical Evaluation Board (PEB) as medically
unacceptable IAW AR 40‐501. The PEB adjudicated the mechanical LBP post MVA condition as
unfitting, rated 10%, with application of the DoD Instruction 1332.39 and the Veterans Affairs
Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically separated
with a 10% disability rating.
CI CONTENTION: The CI elaborated no specific 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 unfitting mechanical LBP post MVA
meets the criteria prescribed in DoDI 6040.44 for board purview and is accordingly 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 IPEB – Dated 20020808
Condition
Low Back Pain
Code
5299‐5295
Rating
10%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
VA (1 Mos. Pre‐Separation) – All Effective Date 20021108
Rating
Condition
10%
Mechanical Low Back Pain
0%
Myofascial Pain Thoracic spine
DJD R knee
10%
DJD L knee
10%
0% X 3 / Not Service‐Connected x 3
Combined: 30%
Code
5295
5021‐5291
5262‐5010
5262‐5010
Exam
20021007
20021007
20021007
20021007
20021007
ANALYSIS SUMMARY. The 2003 VASRD coding and rating standards for the spine, which were
in effect at the time of separation, were changed to the current §4.71a rating standards
effective 26 September 2003. The 2003 standards for rating are based on the rater’s
interpretation and opinion of range‐of‐motion (ROM) impairment regarding degree of severity,
whereas the current standards specify rating thresholds in degrees of ROM impairment
measured with an instrument, the goniometer. For the reader’s convenience, the 2003 rating
codes under discussion in this case are excerpted below. (effective 23 Sep 2002, prior to
change of 26 September 2003)
5292 Spine, limitation of motion of, lumbar:
Severe...................................................... 40
Moderate.................................................... 20
Slight...................................................... 10
5293 Intervertebral disc syndrome: (summarized)
… With incapacitating episodes having a total duration of at least ###
Note (1): For purposes of evaluations under 5293, an incapacitating
episode is a period of acute signs and symptoms due to intervertebral
disc syndrome that requires bed rest prescribed by a physician and
treatment by a physician.
5295 Lumbosacral strain:
Severe; with listing of whole spine to opposite side, positive
Goldthwaite's sign, marked limitation of forward bending in standing
position, loss of lateral motion with osteoarthritic changes, or
narrowing or irregularity of joint space, or some of the above with
abnormal mobility on forced motion................................... 40
With muscle spasm on extreme forward bending, loss of lateral
spine motion, unilateral, in standing position................. 20
With characteristic pain on motion............................. 10
With slight subjective symptoms only........................... 0
Low Back Condition. The narrative summary (NARSUM) notes the CI injured his back in a
civilian motor vehicle accident April 2001 and was evaluated in at a local hospital in Germany.
Initial evaluation revealed normal back X‐rays with LBP and thoracic back pain, and was
referred to physical therapy (PT). After 2 months of treatment, the CI was initially profiled for
lack of improvement at PT. Field duties interrupted his recovery, and he had to be re‐profiled
and sent back to PT again. PT notes show thoracic back pain and lumbar back pain
components. No recommendation for surgery was noted in the treatment record. Despite
several courses of PT and orthopedic consults, he was permanently L4 profiled by orthopedics
in March 2002. His commander’s letter stated he had the “inability to perform very basic
physical tasks such as running, jumping and lifting any weight (and that) has had a negative
effect on his and his section’s ability to complete their wartime mission.” The member was
referred to the MEB and the MEB forwarded; mechanical LBP, therapy resistant, to the PEB as
medically unacceptable IAW AR 40‐501. Three months prior to separation, the PEB adjudicated
the mechanical LBP post MVA condition as unfitting, rated 10%, with application of the DoD
Instruction 1332.39 and Application of the Veterans Administration Schedule for Rating
Disabilities (VASRD) under spine rules applicable on or before 23 September 2002. A month
prior to separation, the VA completed the Veteran’s Affairs Rating Disability (VARD) for 10%
disability citing painful and limited motion for mechanical low back pain diagnosis using the VA
Compensation and Pension (C&P) exam of 7 October 2002 and applying the VASRD effective
that date.
2 PD1200570
Thoracolumbar ROM
Flexion (95⁰ Normal)
Ext (0‐35)
R Lat Flex (0‐40)
L Lat Flex 0‐40)
R Rotation (0‐35)
L Rotation (0‐35)
Combined (280)
Comment:
ranges are
exam
normal
from VA
§4.71a Rating
MEB ~5 Mo. Pre‐Sep
(20020612)
70⁰
‐‐
40⁰
40⁰
45⁰
45⁰
‐‐‐
CI c/o pain; paravertebral
muscle spasm is noted; slightly
flattened lordotic curve; slight
thoracic
positive
palpable lumbar tenderness, nl
gait, (see text)
10%
scoliosis;
VA C&P ~1 Mo. Pre‐Sep
(20021007)
94⁰ dec to 83⁰
16⁰ dec to 13⁰
25⁰ dec to 17⁰
28⁰ dec to 18⁰
40⁰ dec to 31⁰
45⁰ dec to 28⁰
220⁰ to 200⁰
Decrease (dec) in ROM after 5
reps (DeLuca); a few palpable
paraspinal muscle spasms L1‐L2;
slightly tender over L1‐L2; mild
scoliosis; nl gait (see text)
10%‐20%
The goniometric ROM evaluations in evidence which the Board weighed in arriving at its rating
recommendation, with documentation of additional ratable criteria, are summarized in the
chart below.
At the MEB exam, 5 months before separation, the CI reported pain‐“pains that radiate down
the leg from back pains” on the DD 2807 without elaboration in the NARSUM. Neurological
exam showed straight leg raising (SLR) to 90 degrees without significant radicular pain.
Reflexes were described as brisk bilaterally, and muscle strength 5/5 in the lower extremities.
Full ROM was noted at the hips and knees. Heel and toe walk was stated as “without great
discomfort or difficulty.” The MEB exam is summarized in the table above. Spine exam and
neurological exam on the DD 2808 medical exam 2 weeks prior to the NARSUM were marked
normal. However, the NARSUM and an orthopedic evaluation both dated 5 months before
separation documented lumbar muscle spasm.
At the C&P exam, a month prior to separation, the CI reported “spasms in his mid and low back,
intermittently.” Physical activity and riding in vehicles was reported to cause spasm with early
morning stiffness, while stretching helped eliminate discomfort. He used muscle relaxants and
Motrin for treatment. He reported no radiating pain down either leg and no bowel or bladder
changes. Exercise tolerance was “walking 1 to 1‐1/2miles 5 to 6 times per week.” Exam noted
normal posture and gait, without kyphosis or lordosis, but with a mild scoliosis. Foot
dorsiflexion strength was reported as strong. The VA examiner stated “There is increased pain
with physical activity and there is decreased in range of motion.” The VA examiner also noted
“There were inconsistencies noted with these ranges of motion values with respect to the
veteran's ability to remove his shoes and to go from a sitting to a lying and vise versa position
on the examination table,” and “The inconsistencies with respect of the veteran's ability to
perform activities of daily living normally and the documented range of motion readings are of
concern.” The C&P exam referenced a February 2001 X‐ray showing lumbar spine scoliosis and
an October 2001 thoracic spine X‐ray post‐accident showing right convex scoliosis, otherwise
normal.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB used DODI 1332.39 E2.A1.1.20.2 Application of the VASRD under an analogous code 5299‐
5295 lumbosacral strain with demonstrable pain on spinal motion associated with positive
radiographic findings shall warrant a 10% rating. And also goes on to say “If paravertebral
muscle spasms are also present, a 20% rating may be awarded. Such paravertebral muscle
spasms, however, must be chronic and evident on repeated examinations.” The PEB explained
lumbar spasm was not evident on repeated exams and coded analogously to 5299‐5295;
lumbosacral strain with characteristic pain on motion for 10% disability, and was unable to find
enough evidence of muscle spasm or loss of lateral spine motion for 20%. There was no
3 PD1200570
evidence of deformity of a vertebral body fracture to rate for 10% more under 5285. Residuals
of Fracture of Vertebra or by the 2003 VASRD rules for 5285 Vertebra, fracture of, residuals.
The VA used the 2003 VASRD in effect at the time of separation and coded 5295, lumbosacral
strain, in a similar fashion for “characteristic painful and limited motion” for 10% disability. The
VA did not cite any evidence in the service treatment record to apply the July 2002 VASRD code
5293, Intervertebral disc syndrome at a level of post‐operative cured, or mild or moderate
recurring sciatic neuropathy. Nor did the VA find other neurological findings appropriate to
diseased disc, little intermittent relief, or moderate limitation of lumbar motion under code
5292 beyond a level of 10%, or any ankylosis under 5289; for any higher rating. Both the PEB
exam and the VA exam met VASRD code 5295, Lumbar Strain, criteria of “characteristic pain on
motion” for a 10% rating. The Board deliberated whether the presence of lumbar muscle
spasm in the NARSUM, orthopedic and VA exams proximate to separation, without stipulation
of spasm on extreme forward bending, elevated the rating to 20% by itself. Only the VA exam
demonstrated a loss of lateral spine motion, and those ROM values had decreased probative
value based on the examiner’s comments. After due deliberation, considering all of the
evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the Board concluded
that there was insufficient cause to recommend a change in the PEB adjudication for the
mechanical LBP post MVA 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 DoDI 1332.39 for rating LBP s/p MVA was operant in this case as was a version of
the VASRD rules from 2002 that were superseded by a newer version by the member’s date of
separation, and the condition was adjudicated independently of those instructions by the
Board. In the matter of the LBP post MVA 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 and separation determination, as follows:
VASRD CODE RATING
5299‐5295
COMBINED
10%
10%
UNFITTING CONDITION
Mechanical Low Back Pain Post MVA
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120605, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
4 PD1200570
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX) 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
XXXXXXXXXXXXXXXXXXXXXXX, AR20130002009 (PD201200570)
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’s concerned spouse, 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
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200570
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