RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

SEPARATION DATE:  20011222 

 
NAME:  XXXXXXXXXXXXXXXXXXXX                                                        BRANCH OF SERVICE:   ARMY 
CASE NUMBER:  PD1200628 
BOARD DATE:  20121107 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SPC/E-4  (75B/Personnel  Administration  Specialist), 
medically separated for chronic low back pain.  The condition began as a consequence of injury 
in 1999 and was not associated with a surgical indication.  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 L3 profile and referred for a 
Medical  Evaluation  Board  (MEB).    The  MEB  forwarded  chronic  low  back  pain  with  L5-S1 
spondylolysis and Grade I spondylolisthesis (slippage of the L5 vertebra on S1) to the Physical 
Evaluation  Board  (PEB)  as  medically  unacceptable  IAW  AR  40-501.    No  other  conditions 
appeared on the MEB’s submission.  The PEB adjudicated the chronic low back pain condition 
as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities 
(VASRD).  The CI made no appeals, and was medically separated with a 10% disability rating. 
 
 
CI CONTENTION:  “Spondylolysis and Spondylolisthesis (Back Condition).” 
 
 
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.    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: 
 
Chronic Low Back Pain Condition.  The 2001 VASRD coding and rating standards for the spine, 
which were in effect at the time of permanent separation, were changed to the current VASRD 
§4.71a  rating  standards  on  26  September  2003,  following  the  CI’s  permanent  disability 
disposition.  The older ratings were based on a judgment as to whether the disability was mild, 
moderate  or  severe.    The  current  standards  are  grounded  in  range-of-motion  (ROM) 

Service PEB – Dated 20011017 

Condition 

Chronic Low Back Pain 

Code 

5299-5295 

Rating 
10% 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

VA (4 Mos. Post-Separation) – All Effective Date 20011223 

Condition 

Residuals, Lumbar Spine Injury 

Code 
5292 

Rating 
10% 

Not Service-Connected x 2 

Combined:  10% 

Exam 

20020423 
20020423 

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) 

Comment 

§4.71a Rating 

75⁰ 
20⁰ 

30⁰ (35⁰) 
30⁰ (35⁰) 
30⁰ (45⁰) 
30⁰ (45⁰) 

215⁰ 

motion 
10% 

70⁰ 
10⁰ 
20⁰ 
20⁰ 
30⁰ 
30⁰ 
180⁰ 

10% 

+ Tenderness; painful 

+ Tenderness 

 
At the MEB exam, the CI reported constant back pain rated at 7 on a 0-10 scale, with worsening 
to 10 with any activity.  Examination revealed no spinal step-off or deviation.  Tenderness was 
present at the lower lumbar areas and bilateral sacro-iliac joints, but muscle spasm was absent.  
Straight leg raise (SLR) testing was negative and neurologic examination was normal.  At the VA 
Compensation and Pension (C&P) exam, performed 4 months after separation, the CI reported 
back pain that was intermittent, did not radiate and was not associated with lower extremity 
symptoms.    Activities  did  not  increase  his  pain,  and  he  lost  no  time  from  work  due  to  his 
condition.  Examination revealed tenderness of the left lumbar area. 
 
The Board must correlate the above clinical data with the 2001 rating schedule which, for 
convenience, is excerpted below: 

measurements.  IAW DoDI 6040.44, this Board must consider the appropriate rating for the CI’s 
back condition at separation based on the VASRD standards in effect at the time of separation.  
The CI injured his lumbar spine in a motor vehicle accident on 2 November 1999.  Ongoing pain 
led to the diagnosis by X-rays and magnetic resonance imaging (MRI) of mild spondylolisthesis, 
but without spinal stenosis or neuro-foraminal impingement.  ROM in evidence is provided in 
the following table: 
 

PT ~3.5 Mo. Pre-Sep 

VA C&P ~4 Mo. Post-Sep 

 
5285 Vertebra, fracture of, residuals: 
With cord involvement, bedridden, or requiring 
long leg braces ...................................................................................... 100 
Consider special monthly compensation; with 
lesser involvements rate for limited motion, 
nerve paralysis. 
Without cord involvement; abnormal mobility requiring 
neck brace (jury mast) ............................................................................. 60 
In other cases rate in accordance with definite 
limited motion or muscle spasm, adding 10 
percent for demonstrable deformity of 
vertebral body. 
NOTE: Both under ankylosis and limited motion, 
ratings should not be assigned for more than 
one segment by reason of involvement of only 
the first or last vertebrae of an adjacent segment 
 
5292 Spine, limitation of motion of, lumbar: 

Severe ………………………………………………………..……….…………......... 40 
Moderate …………………………………….……………….…….…………...……. 20 
Slight ………………………………………………………..………………………..…….10 

 

 

 
5294 Sacro-iliac injury and weakness: 
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 osteo-arthritic 
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  

The PEB and VA each assigned a 10% rating under different but equally applicable codes.  The 
Board debated if the next higher 20% rating was justified using the older VASRD rules in effect 
at the time, but agreed that elements supporting this approach were not present on any of the 
cited examinations.  All Board members agreed that the condition more nearly approximated 
the  criteria  for  the  10%  rating.    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 low back pain 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 chronic low back pain 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% 

Chronic Low Back Pain 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120604, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXXX 
           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, AR20120021430 (PD201200628) 
 
 
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 
 
 

     XXXXXXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)