RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200778 SEPARATION DATE: 20011002
BOARD DATE: 20121213
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (11B10/Infantryman), medically separated
chronic mechanical low back pain (LBP). The CI strained his low back when he was moving a 55
gallon drum of wax from a forklift into the back of a HMMWV. Initially the CI had tightness in
the back, however the pain worsened.
Despite muscle relaxants, nonsteroidal anti‐
inflammatory drugs (NSAIDS), physical therapy (PT), back class, orthopedic consultations, an
exercise program, the CI failed to meet the physical requirements of his Military Occupational
Specialty (MOS) or satisfy physical fitness standards. He was issued a permanent P3 profile and
referred for a Medical Evaluation Board (MEB). The MEB forwarded LBP 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 10%, with likely application
of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and AR 635‐40. The CI made no
appeals, and was medically separated with a 10% disability rating.
______________________________________________________________________________
CI CONTENTION: The CI elaborated no specific contention in his application.
____________________________________________________________________________
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 chronic
mechanical LBP condition meets the criteria prescribed in DoDI 6040.44 for Board purview. The
remaining conditions rated by the VA at separation are 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:
Code
5295
Rating
10%
Condition
Lumbosacral Strain*
Code
5295
Rating
10%
Exam
20020207
VA (~1 Mo. Post‐Separation) – All Effective Date 20011003
Service IPEB – Dated 20010619
Condition
Chronic Mechanical LBP
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
0% X 4**/ Not Service‐Connected x 6
Combined: 10%
*Condition changed to 5010‐5242 Osteoarthritis Lumbar Spine with 10% rating continued in 2005.
** Right and Left Knee Strain changed to Patellofemoral Degenerative Changes Right Knee and Patellofemoral
Degenerative Changes Left Knee and ratings increased to 10% each effective 20050121. (Combined 30%)
ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating
the fairness of 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 were two 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.
MEB ~4.5 Mos. Pre‐Sep
45⁰*, 80⁰**
15⁰*, 20⁰**
20⁰*
20⁰*
Not measured; No Pain
Not measured; No Pain
N/A
*pain free; ** with some pain; gait very stiff; no pain
with axial compression; no point tenderness; straight
leg raise neg; sits favoring left side, keeping pressure
off left his left buttock; knee reflexes normal
10%
10%
VA C&P ~4 Mos. Post‐Sep
Full ROM*
Not measured
Not measured
Not measured
Not measured
Not measured
N/A
* with pain at endpoint ROM stresses;
gait and posture normal; reflexes,
sensory, and balance normal; straight
leg raise negative bilaterally at 90
degrees
10%
10%
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
5292
5295
The CI underwent magnetic resonance imaging (MRI) lumbar spine, X‐rays, and a bone scan
which were all normal. The MEB narrative summary (NARSUM) examination approximately 4
months prior to separation indicated that the CI had some improvement in his back pain after
physical therapy. However, activities such as running, bending over, heavy lifting or carrying
objects such as a rucksack caused significant pain exacerbation. The examiner further opined
that there was not an expected improvement. The exam findings are summarized in the chart
above. The VA Compensation & Pension (C&P) examination 4 months after separation noted
residual pain with lifting or repetitive motion. The C&P exam findings are summarized in the
chart above. Neither examination included any findings indicative of intervertebral disc
syndrome or radiculopathy.
The chronic mechanical LBP condition was likely rated IAW the 2001 VASRD standards which
are no longer in effect. The 2001 Veterans’ Administration Schedule for Rating Disabilities
(VASRD) coding and rating standards for the spine, which were in effect at the time of
separation, were changed on 23 September 2002 for code 5293 (intervertebral disc syndrome)
criteria, and then changed to the current §4.71a rating standards on 26 September 2003. The
2001 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. The current VASRD general spine formula also does not include
similar 5295 criteria. For the reader’s convenience, the 2001 rating codes under discussion in
this case are excerpted below.
5292 Spine, limitation of motion of, lumbar:
Severe.............................................................................. 40
Moderate......................................................................... 20
Slight................................................................................ 10
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 osteoarthritic
2 PD1200778
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 Board directs attention to its rating recommendation based on the above evidence. The
PEB and the VA chose the same disability code, 5295 (Lumbosacral strain‐with characteristic
pain on motion) and both rated at 10%. Both exams demonstrated painful ROM. At the MEB
exam, the CI had limited flexion with pain, whereas at the C&P exam, the CI had full ROM with
pain. VASRD code 5292 could have been used to rate this condition but would also result in a
10% rating. If today’s VASRD rating criteria were applied, a 10% rating based on painful motion
would result. 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.
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:
UNFITTING CONDITION
VASRD CODE RATING
Chronic Mechanical Low Back Pain
5295
COMBINED
10%
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120612, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
3 PD1200778
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
XXXXXXXXXXXXXXXXXX, AR20130001605 (PD201200778)
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
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200778
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