RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 

 
NAME:  XXXXXXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200863                                                              SEPARATION DATE:  20020930 
BOARD DATE:  20130110    
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SGT/E-5  (4066/Computer  Systems  Specialist), 
medically  separated  for  Grade  1  lumbar  five  –  sacral  one  (L5–S1)  spondylolisthesis.    The  CI 
reported injuring his back during weight lifting in 1999 and had persistent low back pain (LBP).  
He  was  diagnosed  with  Grade  1  spondylolisthesis  of  L5-S1  and  was  treated  with  physical 
therapy, ultrasound, and nonsteroidal anti-inflammatory drugs.  He did not improve adequately 
to meet the physical requirements of his Military Occupational Specialty or to satisfy physical 
fitness standards.  He was placed on light duty, and referred for a Medical Evaluation Board 
(MEB).    The  MEB  forwarded  acquired  spondylolisthesis  as  medically  unacceptable  IAW 
SECNAVINST 1850.4E to the Physical Evaluation Board (PEB).  The PEB adjudicated the Grade 1 
L5–S1  spondylolisthesis  condition  as  unfitting,  rated  10%,  with  application  of  the  Veteran’s 
Affairs Schedule for Rating Disabilities (VASRD).  The CI made no appeals, and was medically 
separated with a 10% disability rating.   
 
 
CI CONTENTION:  “The frequency of the muscle tension headaches - rated at 0% - has increased 
and interferes with my ability to work and/or perform normal, routine activities.”   
 
 
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  L5–S1  spondylolisthesis 
condition meets the criteria prescribed in DoDI 6040.44 for Board purview, and is accordingly 
addressed below.  The requested condition of tension headaches (rated by the VA) is not within 
the  Board’s  purview.    Any  condition  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 (~5 Mos. Post-Separation) – All Effective Date 20021001 

Service IPEB – Dated 20020807 

Condition 

Grade 1 Lumbar Five – Sacral 
One Spondylolisthesis 

Code 

5299-5295 

Rating 
10% 

No Additional MEB/PEB Entries 

Combined:  10% 

*No change to ratings in subsequent VARDs 
 
 
 
 

Condition 

DDD Lumbosacral Spine, Grade 
I, Spondylolisthesis of L5-S1 
Scar Left Back 
Muscle Tension Headaches 

Code 
5292 
7802 

9403-8045 

Rating 
10% 
0% 
0% 

Not Service-Connected x 7 

Combined:  10% 

Exam 

20030306 
20030306 
20030306 
20030306 

ANALYSIS SUMMARY:   
 
Grade  I  L5-S1  Spondylolisthesis  Condition.    At  the  MEB  exam  (including  the  addendum), 
6 months prior to separation, the CI reported persistent LBP when on his feet for a long period 
and  with  running.    The  MEB  physical  exam  revealed  decreased  ability  to  flex  forward,  with 
normal strength and neurologic examination.  The orthopedic examiner noted back weakness, 
spasm  and  stiffness  with  flexion  and  extension.    His  lower  extremity  sensation  was  normal.  
There were no formal goniometric range-of-motion (ROM) evaluations documented.  Magnetic 
resonance  imaging  (MRI)  revealed  reduction  in  disc  height  within  L4-5  and  L5-S1  discs  and 
Grade  I  spondylolisthesis  of  L5  on  S1,  without  evidence  of  nerve  root  impingement  nor 
significant disc bulge at L4-5 and L5-S1.   
 
At  the  VA  Compensation  and  Pension  exam  5  months  post-separation,  the  CI  complained  of 
constant, daily pain in the back which developed around noon and lasted for the rest of the 
day.  ROM studies of the lumbar spine revealed “flexion 0-90 degrees, extension 0-25 degrees 
(normal  typically  30⁰),  and  lateral  bending  of  0-30  degrees  bilaterally.    Flexion  elicited  some 
mild pulling in his hamstrings.”  Gait was normal.  There was tenderness to palpation, with no 
evidence of spasm.   
 
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 notes that the 2003 VASRD standards for the spine, 
which  were  in  effect  at the  PEB  evaluation,  were  changed  effective  23  September  2002  (for 
code 5293 Intervertebral disc syndrome) and were in effect at the CI’s date of separation 30 
September 2002.  The 2003 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 PEB, under the old spine rules, rated the back condition code 5295 at 10% for characteristic 
pain on motion.  The VA, IAW the interim spine rules in effect at date of separation, code 5292 
at  10%  for  limitation  of  spine  motion  (slight).    There  were  no  incapacitating  episodes  for 
alternate  coding  under  5293  (Intervertebral  disc  syndrome),  and  the  older  criteria  for  5293 
(radicular symptoms) were no longer in effect at the date of separation.   
 
The Board deliberated if the CI’s documented lower back weakness and spasm were sufficient 
to meet the 20% criteria under code 5295, absent any documentation of loss of lateral spine 
motion.  All ROM limitations were otherwise considered slight under code 5292 (10%) or with 
characteristic pain on motion under code 5295 (10%).  The Board considered alternative rating 
under 5295.  Discussion ensued with regard to the MRI’s description of reduction of disc height 
and its correlation to the “narrowing or irregularity of joint space” required at the 40% level 
(severe), or with spasm at the 20% level.  The Board adjudged that the 40% disability was not 
approached  and  that  the  narrative  summary  and  orthopedic  MEB  addendum  documented 
lower back spasm supported a disability picture closer to the 20% criteria under 5295.  After 
due  deliberation,  considering  all  of  the  evidence  and  mindful  of  VASRD  §4.3  (Resolution  of 
reasonable  doubt),  the  Board  recommends  a  disability  rating  of  20%  for  the  grade  L5-S1 
spondylolisthesis condition, coded 5295.   
 
 
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 grade 1 L5-S1 spondylolisthesis condition and IAW VASRD 

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§4.71a, the Board unanimously recommends a disability rating of 20%, coded 5295 IAW VASRD 
§4.71a.  There were no other conditions within the Board’s scope of review for consideration.   
 
 
RECOMMENDATION:  The Board, therefore, recommends that the CI’s prior determination be 
modified as follows, effective as of the date of his prior medical separation:   
 

UNFITTING CONDITION 
Grade 1 Lumbar Five – Sacral One Spondylolisthesis 

VASRD CODE  RATING 
5295  
COMBINED 

20% 
20% 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120607, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

   3                                                           PD1200863 
 

 COMMANDER, NAVY PERSONNEL COMMAND 

MEMORANDUM FOR DEPUTY COMMANDANT, MANPOWER & RESERVE AFFAIRS 
 
 
Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 
 
Ref:   (a) DoDI 6040.44 
          (b) PDBR ltr dtd 29 Jan 13 ICO XX 
          (c) PDBR ltr dtd 15 Jan 13 ICO XX 
          (d) PDBR ltr dtd 22 Jan 13 ICO XX 
                                         
1.  Pursuant to reference (a) I approve the recommendations of the Physical Disability Board of 
Review set forth in references (b) through (d). 
 
2.  The official records of the following individuals are to be corrected to reflect the stated 
disposition: 
 
     a.  XXXXXXX former USN:  Disability retirement with a final disability rating of 30 percent 
with retroactive placement on the Permanent Disability Retired List effective 23 October 2002. 
 
     b.  XXXXXXXXX former USMC:  Disability retirement with a final disability rating of 30 
percent with retroactive placement on the Permanent Disability Retired List effective 31 January 
2002. 
 
     c.  XXXXXXXXX former USMC:  Disability separation with a final disability rating of 20 
percent (increased from 10 percent) with entitlement to disability severance pay effective 30 
September 2002. 
 
3.  Please ensure all necessary actions are taken, included the recoupment of disability severance 
pay if warranted, to implement these decisions and that subject members are notified once those 
actions are completed. 
 
 
 
 
 
 
 
 

  XXXXXXXXXXX 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

 

 
 
 

 
 
 

 
 
 

 
 
 

 
 
 

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