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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