RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 
NAME:  XX                                                            
BRANCH OF SERVICE:  NAVY 
CASE:  PD1200802                                                                                  SEPARATION DATE:  20030613 
BOARD DATE:  20130122 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  PO3/E-4  (GSM3/Gas  Turbine  Mechanic),  medically 
separated for chronic low back pain (LBP).   The CI suffered  traumatic LBP shortly after a fall 
down  a  ladder  well  in  2002.    A  chronic  condition  developed  which  could  not  be  adequately 
rehabilitated  to  meet  the  physical  requirements  of  his  rating  or  satisfy  physical  fitness 
standards.  He was placed on limited duty and referred for a Medical Evaluation Board (MEB).  
The MEB also identified and forwarded right radicular pain, herniated nucleus pulposus (HNP) 
right L3-4 with negative root tension findings and normal neurologic exam, and spondylolysis L5 
with  Grade  1  spondylolisthesis  identified  in  the  rating  chart  below.    The  Physical  Evaluation 
Board (PEB) adjudicated chronic LBP as unfitting, rated 20%.  The remaining conditions were 
determined to be contributing to the unfitting condition (Category II).  The CI made no appeals, 
and was medically separated. 
 
 
CI CONTENTION:  “Over the years, my low back condition has got worse.”  
 
 
SCOPE  OF  REVIEW:    The  Board’s  scope  of  review  is  defined  in  DoDI  6040.44,  Enclosure  3, 
paragraph 5.e. (2).  It is limited to those conditions determined by the PEB to be unfitting for 
continued military service and those conditions identified but not determined to be unfitting by 
the PEB when specifically requested by the CI.  Ratings for unfitting conditions will be reviewed 
in all cases.  The chronic LBP, (herniated L3-4 disk, spondylolysis L5/ spondylolisthesis) and right 
radicular pain,  as requested for consideration meet the criteria prescribed in DoDI 6040.44 for 
Board purview; and is(are) 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 Board for Correction of Naval Records.  
 
 
RATING COMPARISON:   
 

VA -  (1 Mos. Pre-Separation) Effective Date-  20030614 
Condition 
Rating 

Code 

Exam 

Cat II 

Code 
5295 

Rating 
20% 

Service IPEB – Dated 20030319 
Condition 
Chronic Low Back Pain 
Herniated 
Nucleus 
Pulposus  Right  L3-4  with 
Negative  Root  Tension 
Findings 
  and  Normal 
Neurologic Exam 
Right Radicular Pain 
Spondylolysis 
L5  with 
Grade 1 Spondylolisthesis 
No Additional MEB/PEB Entries 
Combined:  20% 
VARD 20030724 (most proximate to Date of Separation) 
 
 

Cat II 

Cat II 

Herniated Nucleus Pulposus 
L3-4 

5293-5292 

20% 

20030501 

Right 
Radiculopathy 

Lower 

No VA Entry 

Combined:  30% 

Extremity 

5293-8520 

10% 

20030501 

20030501 

ANALYSIS SUMMARY:  The Disability Evaluation System (DES) is responsible for maintaining a fit 
and  vital  fighting  force.    While  the  DES  considers  all  of  the  member's  medical  conditions, 
compensation  can  only  be  offered  for  those  medical  conditions  that  cut  short  a  member’s 
career, and then only to the degree of severity present at the time of final disposition.  The DES 
has neither the role nor the authority to compensate members for anticipated future severity 
or  potential  complications  of  conditions  resulting  in  medical  separation  nor  for  conditions 
determined  to  be  service-connected  by  the  Department  of  Veterans  Affairs  (DVA)  but  not 
determined to be unfitting by the PEB.  However, the DVA, operating under a different set of 
laws  (Title  38,  United  States  Code),  is  empowered  to  compensate  all  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 vary over time.  The Board’s role is 
confined to the review of medical records and all evidence at hand to assess the fairness of PEB 
rating  determinations,  compared  to  Veterans  Affairs  Schedule  for  Rating  Disabilities  (VASRD) 
standards, based on severity at the time of separation. 
 
Chronic Low Back Pain Condition.  The CI developed traumatic back pain in 2002.  Routine back 
X-rays  were  normal  at  that  time.    Magnetic  resonance  imaging  performed  on  24  May  2002 
revealed a herniated disc at the L3-4 level contacting the L4 nerve root, a pars defect at the L5-
S1  level  (spondylolysis)  and  mild  forward  shifting  of  L5  on  S1  (spondylolistheis).    Bone  scan 
demonstrated these areas to be old or developmental in origin.  At the MEB narrative summary 
performed  on  27  December  2002,  6  months  before  separation,  the  CI  reported  40% 
improvement in back pain rated 5-6/10 and radiation of pain to the right leg, also improving.  
He  noted  ability  to  walk  for  10  to  15  minutes  without  difficulty  and  ability  to  left  up  to  20 
pounds.  On physical examination, the CI was able to flex to within 10 to 12 inches of the floor.  
Motor, sensory and reflex exams were normal.  Back spasm was absent and gait was normal.  
At the VA Compensation and Pension exam on 1 May 2003, a month before separation, the CI 
reported  pain  in  back  and  right  leg  but  no  weakness  or  incoordination.    On  physical  exam, 
posture,  gait,  motor,  sensory  and  reflex  exams  were  normal.    Spinal  range-of-motion  (ROM) 
was  recorded  as  80  degrees  flexion  and  20  degrees  extension.    The  examiner  noted  the 
spondyloysis  and  spondylolisthesis  findings  to  be  stable  and  not  currently  a  factor  at  the 
present time. 
 
The  Board  directs  attention  to  its  rating  recommendation  based  on  the  above  evidence.    In 
accordance with DoDI 6040.44, the Board is required to recommend a rating IAW the VASRD in 
effect at the time of separation.  The Board utilized 2002 VASRD standards for the spine, which 
were in effect at the time of separation.  The PEB and the VA both rated the back condition 20% 
using different codes.  The PEB rated code 5295, lumbar-sacral strain.  A rating of 20% requires 
muscle  spasm  on  extreme  forward  bending,  loss  of  lateral  spine  motion;  unilateral  in  the 
standing position.   The next higher rating of 40% requires marked limitation of forward flexion, 
with listing of the total spine to the opposite side, and loss of lateral motion.  The VA rated code 
5292, spine, ROM, moderate, citing the moderate limitation of motion.  A higher rating of 40% 
requires  severe  loss  of  motion.    The  Board  unanimously  agreed  that  the  MEB  and  VA 
examinations  were  equivalent.    The  Board  agreed  that  the  normal  gait  and  posture,  mild  to 
moderate reduction in forward flexion, absence of spasm and normal motor, sensory and reflex 
findings on both exams confirmed the back condition to be mild to moderate.   There was no 
evidence of incapacitating episodes for a higher rating under code 5293.  The Board reviewed 
the  Category  II  radicular  pain  condition,  specifically  contended  by  the  CI.    The  Board 
unanimously agreed that the preponderance of evidence record documented this condition to 
not be unfitting and, thus, could not recommend any additional rating.  The Board unanimously 
agreed  that  the  other  Category  II  conditions,  as  noted  in  the  rating  chart,  were  integral 
contributing elements of the back pain condition and could not be recommended for additional 
disability rating IAW §4.14.(Absence of pyramiding).  Given the above, the Board was unable to 
find  a  pathway  to  a  rating  higher  than  20%  using  any  applicable  VASRD  code.    After  due 
deliberation,  considering  all  of  the  evidence  and  mindful  of  VASRD  §4.3  (Resolution  of 

2                                                              PD1200802 

 

reasonable  doubt),  the  Board  concluded  that  there  was  insufficient  cause  to  recommend  a 
change in the PEB adjudication for the 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 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 
5295 
COMBINED 

20% 
20% 

UNFITTING CONDITION 
Chronic Low Back Pain 

 
 
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 
 
 
 
 
 
 
 

           xx 
           Director 
           Physical Disability Board of Review 

 

 

3                                                              PD1200802 

 

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW  
                                        BOARDS  

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 

Ref:   (a) DoDI 6040.44 

             (b) CORB ltr dtd 21 Feb 13 
 

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for 
the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR 
that the following individual’s records not be corrected to reflect a change in either characterization 
of separation or in the disability rating previously assigned by the Department of the Navy’s 
Physical Evaluation Board: 
 
 
 
 
 

 
 
 
 

 

 

     
 
 
 
 

-  former USN  
-  former USN  
-  former USMC 
-  former USN   
-  former USMC 
-  former USN  
-  former USN   
-  former USN 
-  former USMC 
-  former USMC 
-  former USMC 
-  former USMC 
 
  

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  xxxx 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

4                                                              PD1200802