RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200748 SEPARATION DATE: 20020711
BOARD DATE: 20121218
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (92G20/Food Service Specialist), medically
separated for chronic mechanical low back pain (LBP), multifactorial with spondylolysis L5/S1,
facet hypertrophy, and degenerative disc disease (DDD) throughout the lumbar area, as well as
an old minor (15%) compression fracture of L2. The CI sustained an injury to his lower back in a
lifting injury involving a fall of a light set box. The CI had previously undergone a Medical
Evaluation Board (MEB) in December 2001 and had been found fit for duty. However, his
symptoms continued and despite medications, facet joint injections, physical therapy (PT), and
orthopedic evaluations, the CI failed to meet the physical requirements of his Military
Occupational Specialty (MOS) or satisfy physical fitness standards. The CI was issued a
permanent L3 and referred for an MEB. The MEB forwarded chronic mechanical LBP secondary
to diffuse spondylolisthesis; spondylolysis L5‐S1; old L2 anterior compression fracture; and
diffuse L1 to S1 DDD to the Physical Evaluation Board (PEB). The MEB forwarded no other
conditions for PEB adjudication. The PEB adjudicated the chronic mechanical LBP condition as
unfitting, rated 20% with application of the Veteran’s Affairs Schedule for Rating Disabilities
(VASRD). The CI made no appeals, and was medically separated with a 20% disability rating.
CI CONTENTION: “There is a disparity in the rating I was given by the ARMY (20%) and the
rating given by the VA awarded (40%). Also, I was given (0%) by the ARMY for spleen and the
VA awarded 20%.”
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 chronic mechanical LBP condition as
requested for consideration meet the criteria prescribed in DoDI 6040.44 for Board purview;
and, is addressed below. The other requested condition (splenectomy) is not within the
Board’s purview. The remaining condition rated by the VA at separation and listed on the
DD Form 294 is not within the Board’s purview. 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 IPEB – Dated 20020528
Condition
Code
Rating
Chronic Mechanical Low
Back Pain
5295
20%
↓No Addi(cid:415)onal MEB/PEB Entries↓
VA (~3 Months Post‐Separation) – All Effective Date 20020712
Condition
Degenerative Arthritis and Disc Disease
Lumbar Spine and Old L2 Compression
Fracture
Splenectomy
Irritable Bowel Syndrome, Chronic, Moderate
Hypertension
Code
5293‐
5292
7706
7319
7101
0% X 2 others / Not Service‐Connected x 3
Rating
Exam
20%*
20021007
20%
10%**
0%***
20021007
20021007
20021007
20021007
Combined: 20%
Combined: 40%
*Increased to 40% and changed to 5242 Multi‐Level Degenerative Joint and Disc Disease of Lumbar Spine with
Foraminal Narrowing and Nerve Root Impingement and Combined Rating increased to 60% effective 20101101.
**Changed to 7319‐7436 Gastroesophageal Reflux Disease with Hiatal Hernia and Irritable Bowel but rating
unchanged, effective 20110207.
***Increased to 10% effective 20101209.
ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating
the fairness of the Disability Evaluation System (DES) fitness determinations and rating
decisions for disability at the time of separation. The Board utilizes VA evidence proximal to
separation in arriving at its recommendations; and, DoDI 6040.44 defines a 12‐month interval
for special consideration to post‐separation evidence. Post‐separation evidence is probative
only to the extent that it reasonably reflects the disability and fitness implications at the time of
separation.
Chronic Mechanical LBP Condition. There was one range‐of‐motion (ROM) evaluations in
evidence, with documentation of additional ratable criteria, which the Board weighed in
arriving at its rating recommendation; as summarized in the chart below.
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
5295
5293
5292
MEB ~3 Months Pre‐Separation
Forward flex fingertips to 4” below patella
Lateral bend to level of fingertips of both knees
Antalgic gait; slightly slump posture; mild spinal asymmetry
secondary to obvious spasm; bilateral L2 to SI joint paraspinous
spasm more significant on left with focal tenderness at posterior
superior iliac spines and level of facets at L5‐S1 bilaterally, left
more severe than right; able to heel and toe walk; negative
straight leg raises, cross leg raises, and Faber’s test; motor 5/5
except left extensor hallicus longus 4+/5; sensory/reflexes normal
20% assigned by PEB
20%
10%
VA C&P ~3 Months
Post‐Separation
80⁰
10⁰
Full
Full
Full
Full
Pain on all ROM
stresses; Normal gait
and posture; straight leg
raising negative to 90
degrees bilaterally;
sensory normal; reflexes
normal
N/A
20%
The CI had an old minor compression fracture of L2. The CI injured his lower back in 1994,
which was initially diagnosed as a severe lumbar strain and the history is well documented in
the service treatment record (STR). A lumbar spine X‐ray demonstrated left L5 spondylolysis
and mild degenerative change at L1. The CI was treated conservatively as well as sporadically
for LBP until 1998 when the frequency of exacerbations with occasional radiation in his left
buttock progressively worsened in severity. Magnetic resonance imaging (MRI) exam
2 PD1200748
(incomplete) performed in May 1998 revealed L1‐3 intervertebral disc narrowing and
dessication and a mild broad based posterior annular bulge at L4‐5, the completion of the MRI
done later in the month revealed no spinal stenosis. The CI was given multiple temporary
profiles over a 3‐year period; however he failed to improve with conservative treatment. The
CI was granted a P3 profile with restrictions of no running, jumping, bending, stooping, push‐
ups or sit‐ups. At the MEB narrative summary (NARSUM) examination completed 3 months
prior to separation the CI reported that while he was able to perform his job, he had a great
deal of discomfort with frequent trips to sick call for exacerbations usually attributed to long
periods of standing or lifting. The MEB NARSUM physical exam findings are summarized in the
chart above. The CI was also evaluated by another physician as a second opinion in January
2002, 2 months prior to the NARSUM evaluation. The physical findings were similar except that
no spasm was present on that day. The MEB examination recorded on DD Form 2808 dated
8 November 2001, noted full flexion without pain. The commander’s statement indicated that
the CI’s profile limitations rendered him of performing his MOS. The VA Compensation &
Pension (C&P) examination completed 3 months after separation noted a similar clinical history
and also noted that the CI would soon start work as a Correctional Officer. The C&P physical
exam findings are summarized in the chart above.
The 2002 Veterans Administration Schedule for Rating Disabilities (VASRD) coding and rating
standards for the spine, were in effect at the time of separation and then changed to the
current §4.71a rating standards on 26 September 2003. The 2002 standards for rating based on
ROM impairment were subject to the rater’s opinion regarding degree of severity, whereas the
current standards specify rating thresholds in degrees of ROM impairment. When older cases
have goniometric measurements in evidence, the Board reconciles (to the extent possible) its
opinion regarding degree of severity for the older spine codes and ratings with the objective
thresholds specified in the current VASRD §4.71a general rating formula for the spine. This
promotes uniformity of its recommendations for different cases from the same period and
more conformity across dates of separation, without sacrificing compliance with the DoDI
6040.44 requirement for rating IAW the VASRD in effect at the time of separation.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the chronic mechanical LBP condition 5295 Lumbosacral strain and assigned a 20%
disability rating for muscle spasm on extreme forward bending. The VA coded the degenerative
arthritis and disc disease lumbar spine and old L2 compression fracture condition under the
combined code 5293‐5292 including both intervertebral disc syndrome and limitation of motion
and assigned a 20% rating based on moderate limitation of motion. The Board noted that both
the PEB and VA examinations were sufficiently documented in terms of ratable data for the
criteria in place at the time of their rating determinations and that the CI’s overall condition and
described history were congruent between these two examinations. The VA exam was as
complete as the MEB exam and both examinations were equidistant in time from the date of
separation. However, the MEB NARSUM examination was completed prior to separation and is
therefore adjudged to have a higher probative value. With significant muscle spasm and spinal
symmetry secondary to that spasm, the MEB NARSUM examination meets the 20% rating
criteria for the 2002 VASRD 5295. This condition would also satisfy the 20% rating criteria for
the 2002 VASRD 5293 Intervertebral disc syndrome based on the clinical history of intermittent
exacerbations after long periods of standing or lifting that were required by his MOS. Without
full ROM measurements or at least a better description of the limitations of motion, it is
difficult to assign a rating based on the 2002 VASRD 5292. The MEB NARSUM examination
would also satisfy the 20% rating criteria for today’s VASRD General Rating Formula for
Diseases and Injuries of the Spine based on muscle spasm severe enough to result in an
abnormal gait or abnormal spinal contour. The Board determined that no rating scheme
offered any advantage and 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 mechanical LBP condition.
3 PD1200748
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 mechanical LBP 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
5295
COMBINED
20%
20%
Chronic Mechanical Low Back Pain
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20020711, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXXX, AR20130001597 (PD201200748)
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:
4 PD1200748
Encl
XXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200748
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