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AF | PDBR | CY2012 | PD2012-00584
Original file (PD2012-00584.pdf) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

SEPARATION DATE:  20020604 

 
NAME: XXXXXXXXXXXXXX                                                                       BRANCH OF SERVICE: ARMY 
CASE NUMBER:  PD1200584 
BOARD DATE:  20121109    
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  a  SPC/E-4  (88H/Stevedore)  medically  separated  for  a  left  arm 
condition.  In August 1996, he injured his left distal forearm near the wrist.  He was treated, but 
was not able to fully perform his military duties or meet physical fitness standards.  The CI was 
issued a permanent profile and underwent a Naval Medical Evaluation Board (MEB).  The MEB 
found  his  left  arm  condition  medically  unacceptable,  and  forwarded  the  case  to  the  Army 
Physical  Evaluation  Board  (PEB)  in  Washington,  DC.    No  other  conditions  were  listed  on  the 
NAVMED Form 6100/1.  The Army PEB found the left arm condition unfitting, and rated it 20%.  
The CI did not accept the PEB findings, and submitted a written appeal which was reviewed by 
the U.S. Army Physical Disability Agency (USAPDA).  Following USAPDA review, the PEB findings 
were upheld, and the CI was medically separated with a 20% disability rating.  
 
 
CI’s CONTENTION:  The CI states: “Left wrist injury or Post Traumatic Stress Disorder and Major 
Depressive Disorder.”   
 
 
SCOPE OF REVIEW:  The Board’s scope of review as defined in DoDI 6040.44, 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 unfitting left  arm condition  meets the criteria prescribed in DoDI 
6040.44  for  Board  purview,  and  is  accordingly  addressed  below.    The  two  mental  conditions 
(posttraumatic stress disorder [PTSD] and major depressive disorder [MDD]) noted in block 3 of 
the  CI’s  application  to  the  PDBR  (DD  Form  294)  are  not  within  the  Board’s  purview.    Any 
condition outside the Board’s defined scope of review may be eligible for future consideration 
by the Army Board for Correction of Military Records. 
 
 
RATING COMPARISON:   
 

Army PEB – dated 20020306 

VA (2 mos. Post-Separation) – All Effective 20020605 

Condition 
Injury to Left Wrist 

Code 
5213 

Rating 
20% 

Condition 

Left Wrist Injury, residuals 
Depression /Anxiety  

Code 
8516 

9433-9400 

Rating 
20%* 
10% 

Exam 

20020805 
20020827 
20020805 

↓No Additional MEB/PEB Entries↓ 

Combined:  20% 

Not Service Connected (NSC) x 9 
Combined:  30%* 

*VA rating for the Left Wrist condition was later increased to 30%, by a VA Rating Decision (VARD) dated 20041021 

 
 
 
ANALYSIS SUMMARY:    
 

MEB – 7½ mos. Pre-Sep 

VA C&P – 2 mos. Post-Sep 

 

Left Forearm ROM 

Pronation (80⁰ is normal) 
Supination (85⁰ is normal) 

Comment 

§4.71a Rating 

(20011025) 

30⁰ 

90 or 70⁰ 

Pain with motion 

20% 

(20020805) 

63⁰ 
62⁰ 

0% 

No mention of pain 

Left upper extremity (forearm/wrist) condition.  The CI injured his left distal forearm (near the 
wrist) in August 1996 while playing basketball.  A few years later he underwent surgery, which 
consisted  of  left  radial  osteotomy  and  distal  ulnar  excision.    Despite  the  surgery  and  other 
forms of treatment, he continued to have significant problems and an MEB was initiated.  His 
MEB clinical exam performed on 25 October 2001, 7 months prior to separation from the Army.  
The examiner noted decreased grip strength and decreased range-of-motion (ROM) in the left 
upper extremity.  On 5 August 2002, the CI had a VA Compensation and Pension (C&P) exam.  
Once  again,  he  was  noted  to  have  loss  of  muscle  strength  and  decreased  ROM.    At  both  of 
these examinations, his ROM was measured and is summarized below. 
 

Left Wrist ROM 

Dorsiflexion (70⁰ is normal) 
Palmar Flex. (80⁰ is normal) 
Ulnar Dev. (45⁰ is normal) 
Radial Dev. (20⁰ is normal) 

Comment 

§4.71a Rating 

MEB – 7½ mos. Pre-Sep 

VA C&P – 2 mos. Post-Sep 

(20011025) 

(20020805) 

45⁰ 
50⁰ 
22⁰ 
18⁰ 

55⁰ 
34⁰ 
28⁰ 
23⁰ 

Pain with motion 

10%* 

No mention of pain 

0% 

 

*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion) 

 
The  Board  carefully  reviewed  all  evidentiary  information  available.    The  Army  PEB  used  a 
forearm code (5213) and rated the condition 20% for loss of pronation.  The VA chose a much 
different coding option (neurological code 8516) and assigned a rating of 20%.  It is true that 
the CI did have some numbness and weakness in the left upper extremity.  However, the Board 
determined that his neurological symptoms did not constitute a separately unfitting, separately 
ratable  condition.    The  Board  unanimously  agreed  that  IAW  the  Veterans’  Administration 
Schedule for Rating Disabilities (VASRD), the forearm code 5213 is an appropriate code for the 
CI’s left upper extremity condition.  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 left forearm/wrist condition.     
 
Other Contended Conditions.  As noted above, the two contended mental conditions (PTSD and 
MDD) are not within the Board’s scope of review, as defined in DoDI 6040.44.     
 
 
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 left upper extremity (forearm/wrist) 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 

5213 

COMBINED 

20% 
20% 

Left Upper Extremity (Forearm/Wrist) Condition 

UNFITTING CONDITION 

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 
 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXX 
           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, AR20120022047 (PD201200584) 
 
 
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 
 
 

     XXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards) 

 
 
 



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