BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020601
NAME: XXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200713
BOARD DATE: 20130110
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty Soldier, SPC/E‐4 (11B/Infantryman), medically
separated for low back pain (LBP) in June 2002. In July 1999 he began having back pain while
running. He was treated non‐surgically. His LBP 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 as medically unacceptable IAW AR 40‐501.
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The
PEB adjudicated the “low back pain without any history of trauma/injury” as unfitting, rated
0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI
made no appeals, and was medically separated with a 0% disability rating. The records indicate
that the CI was in the National Guard (NG) (military policeman) from 2008 until at least August
2012 (Annual Training Orders). He was activated in 2009 and separated from that tour in 2010
after serving 10 months in Iraq.
CI CONTENTION: The CI states: “My condition was lower back pain which I still have every once
and awhile.”
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 condition, LBP without any
history of trauma/injury, 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 PEB – Dated 20020220
VA (1 Mos. Pre‐Separation) – All Effective Date 20020602
Condition
Low Back Pain
Code
5299‐5295
Rating
0%
Condition
DDD, L‐Spine
Code
5293
Rating
10%*
Exam
20020517
20020517
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
0% X 0 / Not Service‐Connected x 0
Combined: 10%
*Increased to 20% effective 20050328 (combined 20%) by VARD of 20060206.
ANALYSIS SUMMARY: The back condition was rated IAW 2002 VASRD standards which are no
longer in effect, but applicable by this Board at the time of separation. The current spine
formula is based on range‐of‐motion (ROM) measurements. The 2002 ratings were based on
the examiner’s or rater’s opinion as to whether the disability was mild, moderate or severe. For
the reader’s convenience, the 2002 rating codes under discussion in this case are excerpted
below.
5292 Spine, limitation of motion of, lumbar:
Severe ………………………………………………………..……….……….... 40
Moderate …………………………………….……………….…….………..…. 20
Slight ………………………………………………………..…………………..…. 10
5293 Intervertebral disc syndrome:
Pronounced; with persistent symptoms compatible with: sciatic
neuropathy with characteristic pain and demonstrable muscle
spasm, absent ankle jerk, or other neurological findings appropriate
to site of diseased disc, little intermittent relief ………………..….……….….. 60
Severe; recurring attacks, with intermittent relief ……………..…….……….… 40
Moderate; recurring attacks ……………………………………………................…... 20
Mild ……………………………………………………………..…………………………………...… 10
Postoperative, cured ……………………………………………..………………….……...….. 0
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
Low Back Pain. Six months before separation, the narrative summary (NARSUM) noted the CI
developed back pain while running in July 1999. Other history notes he fell in July 1999, while
running with a ruck sac. Nonetheless, he was diagnosed with mechanical LBP and treated
conservatively with rest, non‐steroidal anti‐inflammatory drugs (NSAIDs) as well as profiling. He
was seen for back pain again in August 1999, and didn’t note a history of prior significant back
pain. He did well until June 2000 where he again strained his back. The CI was profiled and
again treated with physical therapy, NSAIDs and muscle relaxants. The CI did not improve and
was referred to orthopedic surgery in April 2001. At orthopedic evaluation he demonstrated
tenderness to palpation, lumbar flexion to 80 degrees, and X‐rays showed sacralization of L5.
After no improvement with medical treatment and 10 months of consecutive profiling, a
permanent L4 profile was issued in September 2001 and he was referred for evaluation at the
MEB. His commander’s letter of November 2001 noted he could not meet the basic activities
required of soldiers in his MOS or wear his fragmentation vest. The back exams and
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. Listed ROM “normals” are from the VA lumbar spine exam; current VASRD normal
ROMs were not in effect prior to 26 September 2003.
2 PD1200713
Lumbar ROM
Flexion (80⁰ Normal)
Ext (0‐20)
R Lat Flex (0‐35)
L Lat Flex 0‐35)
R Rotation (0‐45)
L Rotation (0‐45)
Comment:
§4.71a Rating
MEB ~7 Mo. Pre‐Sep
“2.5 feet from the floor”
VA C&P ~2 Weeks Pre‐Sep
60⁰(*55⁰)
‐
45⁰
45⁰
‐
‐
20⁰
35⁰
35⁰
45⁰
45⁰
+ Tenderness; normal toe and
heel walk; +SLR bilaterally;
normal neurologic and motor
exams
10%‐20% (PEB 0%)
+ Tenderness; painful motion;
normal gait, heel and toe walk;
normal contour; ‐SLR
*Deluca 55⁰ flexion,
10%‐20% (VA 10%)
The NARSUM dictated 6 months prior to separation indicated failure of medical/non‐surgical
treatment. Orthopedic evaluation demonstrated tenderness to palpation, lumbar flexion to 80
degrees, negative straight leg raise (SLR) and X‐rays showed sacralization of L5. At the MEB
exam, 7 months prior to separation, the examiner reported “The soldier complains of low back
pain with occasional sharp stabbing pain in the left lower extremity in the posterior leg to the
knee. He denies any bladder or bowel dysfunction. He has pain with activities. He is unable to
run, carry a rucksack, do push‐ups or sit‐ups.” The MEB physical exam cited “decreased range
of motion with forward flexion to 2.5 feet from the floor and side bending to 45 degrees
bilaterally” and “Straight leg raises are negative in bilateral lower extremities. Soldier is able to
perform a normal toe as well as heel walk. There is bilateral tenderness to palpation in the L2
to S1 area of the low back.” Neurologic and motor examinations were essentially normal.
Lumbar spine radiographs were stated as normal; however the lumbar spine radiograph report
from September 2001 indicated early degenerative disc disease with arthritic changes, and an
earlier orthopedic treatment note indicated sacralization of L5.
At the VA Compensation and Pension (C&P) exam 2 weeks before separation, the examiner
noted “He complains of pain down the right leg with tingling in his lower back. Overhead
reaching was also noted as a problem." The CI said “The pain is an 8/10. I have learned to live
with the pain. I don't like the way muscle relaxants make me feel. The NSAIDs help the pain,
but I stopped them because I don't want to be on medication the rest of my life." The C&P
history shows the CI was not taking any medications at that time. The C&P physical exam
showed posture and gait were normal, musculoskeletal strength was normal and neurological
exam was unremarkable. There was decreased ROM as summarized above. The VA examiner
noted “DeLuca issues are present. There is increased pain with increased physical activity” and
flexion reduced to 55 degrees. There was tenderness to palpation lumbar L2 to S1. Lumbar
spine films September 2001 showed early degenerative disk disease with arthritic changes of
the facet joint L5‐S1, and no compression fractures. Of note, the VA exam was accomplished at
a military treatment facility with a military physician co‐signing.
The Board directs attention to its rating recommendation based on the above evidence. The
Board noted that the CI returned to military service in 2008, but considered the likelihood of
post‐separation improvement, and focused on the CI’s disability picture proximate to his
medical separation in 2002. The PEB coded analogous rating 5299‐5295 (Lumbosacral strain),
and assigned a 0% rating (with slight subjective symptoms only). The VA coded 5293
(intervertebral disc syndrome) and rated the lumbar condition at 10% (mild symptoms), with
application of the spine rules in effect on 20 February 2002. The PEB did not note characteristic
pain on motion to rise to a level of 10%. The Board adjudged that any of the exams of record
could be rated at 10% either citing VASRD §4.59 for painful motion under 5003‐5295
(lumbosacral strain), or 5003‐5293 (intervertebral disc syndrome), or at least slight limitation of
motion under 5099‐5292 (Spine, limitation of motion of, lumbar).
3 PD1200713
Next the Board considered the probative value of the MEB exam 7 months prior to separation
and the C&P exam 2 weeks prior to separation. The Board found great detail and evidence of
Deluca criteria of increased pain with increased physical activity in the more proximate C&P
exam. The Board considered code 5292, spine, limitation of motion, lumbar as a better match
of the CI’s disability. The Board deliberated if the documented restricted flexion to 55 degrees
(normal 80 degrees) was closer to the moderate or slight levels of limitation of motion.
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable
doubt), the Board recommends a disability rating of 10% under 5292 for limitation of lumbar
motion of the spine 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 LBP condition, the Board, by a vote of 2:1 recommends a
disability rating of 10% coded 5292 IAW VASRD §4.71a. The single voter for dissent (who
recommended 20% coded 5292) did not elect to submit a minority opinion. There were no
other conditions within the Board’s scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
UNFITTING CONDITION
VASRD CODE RATING
5292
COMBINED
10%
10%
Low back pain without any history of trauma/injury Condition
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120608, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
4 PD1200713
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXX, AR20130001607 (PD201200713)
1. 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 to modify the individual’s disability rating to 10% without recharacterization
of the individual’s separation. This decision is final.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200713
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