RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20080404
NAME: XXXXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1201218
BOARD DATE: 20130118
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (11B/Infantryman), medically separated for
right shoulder pain. The CI began experiencing right shoulder pain after he was thrown away
from a blast due to an role-playing game (RPG) that hit the back of a Bradley Fighting Vehicle.
The CI’s condition could not be adequately rehabilitated to meet the physical requirements of
his Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a
permanent U3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
osteoarthrosis right shoulder condition for Physical Evaluation Board (PEB) adjudication. The
MEB also forwarded anxiety; hypermobility syndrome; bunion, right foot; fractured mandible;
and sprained wrist, right conditions to the PEB. However, all these conditions met retention
standards. The PEB adjudicated the right shoulder pain 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 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 ratings
for unfitting conditions will be reviewed in all cases. 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 service Board for Correction of Military Records.
RATING COMPARISON:
*Additional conditions added and overall combined rating increased to 60% effective 20091110 (see 20110427 DROD)
Service Revised PEB – Dated 20080426
Condition
Code
Right Shoulder Pain
5099-5003
Rating
10%
↓No Additional MEB/PEB Entries↓
Combined: 10%
VA (1 Mo. Post-Separation) – All Effective Date 20080405
Condition
Rt Shoulder Impingement Syndrome
Residuals, Bunionectomy, Right Foot
Code
5203
5280
0% X 4 / Not Service-Connected x 1
Rating
10%
10%
Exam
20080509
20080509
20080509
Combined: 20%*
ANALYSIS SUMMARY:
Right (Dominant) Shoulder Pain Condition. There were two goniometric 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.
Right Shoulder ROM
MEB ~7 Mos. Pre-Sep
VA C&P ~1 Mo. Post-Sep
(Degrees)
Flexion (180 normal)
Abduction (180)
(20070917)
180
180
Comments
Pain
(20080509)
180
180
+ Apprehension test.
+ Impingement signs.
+ Painful motion
§4.71a Rating
10%
10%
The MEB narrative summary (NARSUM), completed 7 months prior to separation, notes the CI
had a right shoulder injury in September 2004 while deployed to Iraq. He experienced
continuing pain with wearing full gear, but finished his deployment. Physical therapy (PT) and
injections were not effective. Surgical consultation did not provide a surgical option. He
reported pain throughout 75% of the day, precipitated by running more than a mile and lifting
more than 15 pounds. Physical exam found no abnormalities and ROM with pain noted in the
chart. The NARSUM also noted an orthopedic consultation diagnosing a genetic hyper mobility
syndrome. At the VA Compensation and Pension (C&P) exam, performed a month after
separation, the CI reported a progressively worse shoulder condition. Examination revealed
increased pain after three repetitive normal ROM summarized in chart above, and positive
apprehension and impingement tests.
The Board directs attention to its rating recommendation based on the above evidence. The
Board agreed a 10% rating for painful motion or functional impairment was supported by the
evidence of the record. The right shoulder ROM in both examinations was non-compensable
under the code for limitation of arm motion (5201). There was no clinical and/or radiologic
evidence that suggested ankylosis, loss of the humeral head, nonunion, malunion, fibrous
union, deformity, nonunion or dislocation of the scapula, or recurrent dislocations of the
humerus that would have justified any alternate shoulder code with higher rating potential.
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 right (dominant) shoulder 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 right (dominant) shoulder 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
5099-5003
COMBINED
10%
10%
XXXXXXXXXXXXXXXXXXXXXXX, DAF
Acting Director
Physical Disability Board of Review
Right (Dominant) Shoulder Pain
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120710, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR-RB
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, AR20130003770 (PD201201218)
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
XXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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