RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

Rating 
10% 

Neck Injury 

 
NAME:  XXXXXXXXXXXXXXX                                                              BRANCH OF SERVICE:  ARMY 
CASE NUMBER:  PD1200910                                                       SEPARATION DATE:  20040224 
BOARD DATE:  20130123   
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  activated  National  Guard  Soldier,  PFC/E-3(51B/Carpentry  & 
Mason), medically separated for chronic neck pain due to cervical strain.  The CI sustained his 
neck injury in a motor vehicle accident (MVA) in May 2002 while in a civilian status.  His pain 
resolved in August 2003; however, it was aggravated by physical training and other functional 
activities of a 51B.  Although the CI did not improve adequately with treatment to meet the 
physical  requirements  of  his  Military  Occupational  Specialty  or  satisfy  physical  fitness 
standards, his Company and Battalion Commander requested that he remain in the National 
Guard.    He  was  issued  a  permanent  P3  profile  and  referred  for  a  Medical  Evaluation  Board 
(MEB).  The MEB forwarded chronic neck pain as medically unacceptable IAW AR 40-501.  The 
MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.  The PEB 
adjudicated chronic neck pain due to cervical strain as unfitting, rated 10%, with application of 
the  Veterans  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The  PEB  also  identified  the 
condition  as  existed  prior  to  service  (EPTS)  and  aggravated  by  current  service,  but  made  no 
deduction for EPTS.  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 rating for 
the  unfitting  condition  of  chronic  neck  pain  due  to  cervical  strain  will  be  reviewed.    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 20031002 
Code 
Condition 
Chronic  Neck  Pain  due  to 
5237 
Cervical Strain 
↓No Additional MEB/PEB Entries↓ 
Combined:  10% 
*VA application 5 yrs after separation; no VA Exam or rating.  NSC = Not service connected/not subject to compensation.  
 
 
ANALYSIS SUMMARY:    
 
Chronic Neck Pain.  The CI sustained a neck injury as the driver of a motor vehicle that struck a 
tree in June 2002.  At the time he was a civilian.  Initial Computerized Tomography (CT) of the 

VA* 
Condition 

Combined:  NSC 

Rating 

Exam 

5010-5242 

NSC 

STRs 

Code 

neck  showed  an  anterior  fracture  of  C2,  but  repeat  CT  the  following  day  did  not  show  any 
evidence  of  fracture  or  subluxation.    The  CI  was  hospitalized  for  5  days  and  treated  with 
analgesics for complaint of neck pain.  The CI presented for primary care follow-up 3 months 
after the accident.  The service treatment record (STR) noted pain with normal lateral range-of-
motion (ROM) and referred the CI to physical therapy (PT).  Eight months after the MVA, PT 
evaluation recorded normal cervical flexion with pain on motion; extension “minimal loss” (75-
85% of normal); and minimal loss of lateral motion with pain on ROM.  Recordings of ROM over 
the next several months remained essentially unchanged; pain on motion was the only positive 
finding, which improved slightly over time.  Throughout the course of treatment, there were no 
reported  gait  abnormalities  and  no  palpable  spasms.    Approximately  6  months  prior  to 
separation, the CI presented to the primary care clinic for a fit for duty evaluation and he was 
placed on profile  and referred  to  MEB.    At the MEB  exam  (approximately  5  months  prior to 
separation),  performed  by  the  treating  physician,  the  CI  reported  that  the  6  weeks  of  PT 
improved his ROM, but pain persisted with on-and-off numbness of the left upper extremity 
that  resolved  the  month  prior  (August  2003).    On  examination,  the  cervical  ROM  showed 
forward  flexion  of  45  degrees  (normal),  and  combined  ROM  of  230  degrees  (normal  340 
degrees) with noted pain with motion.  Five years post separation, the CI filed a VA claim for his 
neck injury.  There was no VA exam accomplished.  The VA reviewed the STR and a not service-
connected (NSC) determination was made.   
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB  rated  the  condition  at  10%  coded  5237  (cervical  strain).    The  VA  used  STRs,  lack  of 
subsequent treatment records, and lack of evidence of a current disability to support their NSC 
determination.  The Board adjudged that the permanent service aggravation determination was 
administratively final and that the record sufficiently documented clear evidence for the rating 
of 10%.  There was no documented evidence of frequent spasm, gait abnormality, or sufficient 
ROM limitation or incapacitating episodes to support a higher rating.  After due deliberation, 
considering all of the evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the 
Board  concluded  that  there  was  insufficient  cause  to  recommend  a  change  in  the  PEB 
adjudication of the cervical strain 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 cervical strain 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 
Chronic neck pain due to cervical strain 

 
 
 
 
 
 

VASRD CODE  RATING 
5237 
COMBINED 

10% 
10% 

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The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120618, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXX, DAF 
           Director 
           Physical Disability Board of Review 

   3                                                           PD1200910 
 

 
 

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation 
for XXXXXXXXXXXXXXX, AR20130003003 (PD201200910) 
 
 
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 
 
 
 

     XXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards) 

 
 
 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

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