RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  ARMY  
SEPARATION DATE:  20010926 

 
NAME:  XXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200661 
BOARD DATE:  20130108 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty SGT/E-5 (11B20/Infantryman) medically separated for 
chronic low back pain (LBP).  He was treated, but did not improve adequately to fully perform 
his military duties or meet physical fitness standards.  He was issued a permanent L3 profile and 
underwent  a  Medical  Evaluation  Board  (MEB).  The  MEB  found  his  chronic  LBP  medically 
unacceptable IAW AR 40-501, and referred him to a Physical Evaluation Board (PEB).  No other 
conditions were listed on DA Form 3947.  The PEB found the chronic LBP unfitting, and rated it 
10% for painful motion IAW the Veterans Affairs Schedule for Rating Disabilities (VASRD).  The 
CI made no appeals, and was medically separated with a 10% disability rating.   
 
 
CI’s CONTENTION:  “Condition is worsening.  Back pain in upper back also.”   
 
 
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  LBP  condition  meets  the  criteria  prescribed  in  DoDI 
6040.44,  and  is  accordingly  addressed  below.    No  other  conditions  are  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:   
 

 
 
ANALYSIS  SUMMARY:    The  Board  acknowledges  the  CI’s  assertion  that  his  condition  is 
worsening, and that he also has pain in the upper back.  It is noted for the record that the Board 
is  subject  to  the  same  laws  for  disability  entitlements  as  those  under  which  the  Disability 
Evaluation  System  (DES)  operates.    The  DES  has  neither  the  role  nor  the  authority  to 
compensate service members for future severity or potential complications of conditions.  That 
role and authority is granted to the Department of Veterans Affairs (DVA).  The Board evaluates 
DVA  evidence  in  arriving  at  its  recommendations,  but  its  authority  resides  in  evaluating  the 
fairness  of  DES  fitness  and  rating  determinations  at  the  time  of  separation.    While  the  DES 
considers  all  of  the  CI's  medical  conditions,  compensation  can  only  be  offered  for  those 
conditions that cut short a member’s career, and then only to the degree of severity present at 

Army PEB – dated 20010604 
Condition 
Chronic Low Back Pain 
↓No Additional MEB/PEB Entries↓ 
Combined:  10% 

Code 
5299-5295 

Rating 
10% 

VA (~1 mo. Post-Separation) – All Effective 20010927 
Condition 
Status Post Lumbar Fusion 
 
Combined:  20% 

Rating 
20% 

Code 
5293 

Exam 
20010816 
 

the time of separation.  The DVA, however, is empowered to compensate for 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 change over time. 
Chronic Low Back Pain (LBP).  The CI presented with back pain in 1998.  In May 1999, he fell and 
injured his back during a field training exercise.  He was evaluated at Walter Reed Army Medical 
Center  and  was  diagnosed  with  L5-S1  spondylolisthesis.    The  CI  underwent  spinal  surgery 
(lumbar fusion and pedicle screws).  In spite of treatment, the problem with LBP persisted and 
an MEB was initiated.  His MEB physical examination was on 14 February 2001.  At that exam, 
he was in no acute distress and his gait was normal.  There was mild point tenderness at the L5-
S1 area, but no evidence of paravertebral spasm.  Back flexion was approximately 100 degrees, 
with mild discomfort.  Extension was 5-10 degrees, also with discomfort.  In August 2001, the CI 
had a VA Compensation and Pension exam.  At that exam, his posture was relatively stiff and 
there  was  some  tenderness  present.    Back  flexion  was  80  degrees,  and  extension  was  5 
degrees.  Deep tendon reflexes and straight leg raise tests were normal. 
 
The Board carefully reviewed all evidentiary information available, and directs attention to its 
rating  recommendation  based  on  the  above  evidence.    The  2001  VASRD  coding  and  rating 
standards for the spine, which were in effect at the time of the CI’s separation, were modified 
in  September  2002,  and  then  were  changed  again  in  September  2003.    The  older  2001 
standards  were  based  on  the  rater’s  opinion  regarding  degree  of  severity,  whereas  current 
standards specify certain rating thresholds, with measured degrees of ROM impairment.  IAW 
DoDI 6040.44, the Board must use the VASRD coding and rating standards which were in effect 
at the time of the CI’s separation.  Based on the evidence in the treatment record, the Board 
unanimously agreed that the CI’s low back condition was best described as “slight.”  There was 
insufficient  evidence  in  the  treatment  record  to  support  classifying  the  LBP  condition  as 
“moderate” or “severe.”  IAW VASRD §4.71a, the Board unanimously recommends a rating of 
10% for the chronic LBP condition.  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 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 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% 

UNFITTING CONDITION 
Chronic Low Back Pain 

 
 
 
 

 
 
 
 
 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120611, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

           XXXXXXXXXXXXXXXX, DAF 
           Director 
           Physical Disability Board of Review 

 
 
 

SFMR-RB 
 
 
 
 
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 XXXXXXXXXXXXXXX, AR20130003038 (PD201200661) 
 
 
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 
 
 
 
 

     XXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)