RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 
NAME:    
BRANCH OF SERVICE:  MARINE CORPS 
CASE NUMBER:  PD1201255                                                                   SEPARATION DATE:  20030115 
BOARD DATE:  20121212 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SSGT/E-6  (2146/M1A1  Tank  Technician)  medically 
separated  for  L5  nerve  root  compromise,  due  to  degenerative  spine  disease  and  herniated 
nucleus pulposus (HNP).  He was treated, but did not improve sufficiently to fully perform his 
military  duties  or  meet  physical  fitness  standards.    He  was  placed  on  limited  duty  (LIMDU) 
status  and  underwent  a  Medical  Evaluation  Board  (MEB).    The  MEB  found  his  nerve  root 
compromise condition medically unacceptable, and referred him to a Physical Evaluation Board 
(PEB).   The MEB forwarded no additional conditions for adjudication.  The PEB found  the L5 
nerve root compromise condition unfitting, and rated it 20%; with application of the Veteran’s 
Administration Schedule for Rating Disabilities (VASRD).  The CI accepted the PEB findings, and 
was medically separated with a 20% disability rating. 
 
 
CI’s CONTENTION:  The CI elaborated no specific contention, in Item 3 of DD Form 294. 
 
 
SCOPE OF REVIEW:  The Board’s scope of review as defined in DoDI 6040.44, 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  unfitting  condition  (L5  nerve  root  compromise  secondary  to 
degenerative  spine  disease  and  HNP)  meets  criteria  prescribed  in  DoDI  6040.44  for  Board 
purview, and is accordingly addressed below.  There are no other conditions within the Board’s 
defined scope of review. 
 
 
RATING COMPARISON: 
 

Navy PEB – dated 20021104 
Condition 
Code 

Rating 

VA (9 days Pre-Separation) – All Effective 20030116 
Condition 

Rating 

Code 

Exam 

L5 Nerve Root Compromise, 
due to Degen. Spine Disease 

8521 

20% 

S/P Lumbar Spine Surgeries  
with Left Radiculopathy 

5293-8520 

20% 

20030106 

No Additional MEB/PEB Entries 

Combined:  20% 

Not Service Connected (NSC) x 5 
Combined:  20% 

20030106 

 
 
 
ANALYSIS SUMMARY: 
 
Nerve Root Compromise, due to Degenerative Disc Disease (DDD) and HNP.  In March 1998, this 
Marine complained of low back pain (LBP) which radiated down the right leg.  He was treated 
with  physical  therapy  (PT)  and  non-steroidal  anti-inflammatory  drugs  (NSAIDs),  but  had  no 
significant improvement.  Magnetic resonance imaging (MRI) showed a broad-based L4-L5 HNP, 
with  bilateral  L5  nerve  root  involvement.    The  CI  underwent  L4-L5  and  L5-S1  discectomy  on 
30 March 1998.  He did well postoperatively and returned to full duty after completion of a 6-
month period of LIMDU.  Then in June 2001, he fell and injured his back.  He was treated with 

epidural  steroid  injections  with  some  relief  of  pain.    MRI  in  August  2001  showed  epidural 
scarring and a mass effect at L5-S1.  Electromyography (EMG) revealed evidence of S1 nerve 
root  lesion.    On  26  September  2001,  the  CI  had  a  left  L5-S1  discectomy,  and  S1  nerve  root 
foraminotomy.  Postoperatively, his pain improved, but he continued to have paresthesia in the 
left leg and no improvement in plantar flexion.  Due to his persistent nerve damage and muscle 
weakness,  an  MEB  was  initiated.    His  MEB  clinical  evaluation  was  on  3  September  2002,  at 
Walter Reed Army Medical Center (WRAMC).  At that exam, mild muscle atrophy was noted in 
the  left  lower  leg.    Muscle  testing  revealed  that  left  ankle  strength  was  decreased  for  both 
plantar flexion and dorsiflexion. 
 
On  6  January 2003,  the  CI  had  a VA  Compensation and  Pension  (C&P)  examination.    At that 
exam,  posture  and  gait  were  normal.    There  was  muscle  atrophy  and  decreased  muscle 
strength in the left lower leg.  He was not able to perform toe-walking on the left foot.  Left 
ankle range-of-motion (ROM) was normal, but weakness was noted on plantar flexion.  Lumbar 
spine exam was negative for any evidence of radiation pain on movement, muscle spasm, or 
tenderness.    Straight  leg  raise  (SLR)  was  negative  bilaterally.    Lumbosacral  ROM  was 
unrestricted and normal.  There was no pain with lumbosacral motion. 
 
The Board carefully reviewed all evidentiary information available.  The PEB combined the CI’s 
orthopedic  and  neurologic  problems  into  a  single  unfitting  condition:  “L5  Nerve  Root 
Compromise secondary to Degenerative Spine Disease and Herniated Nucleus Pulposis.”  The 
condition was coded 8521 and rated at 20%.  Sixteen weeks later, the February 2003 VA Rating 
Decision (VARD) also listed a single bundled condition, and assigned a disability rating of 20%.  
The  Board  evaluated  whether  or  not  it  was  appropriate  for  the  orthopedic  and  neurologic 
problems  to  be  “bundled”  together.    The  Board  must  determine  if  the  PEB  and  the  VA’s 
approach  of  combining  the  conditions  under  a  single  rating  was  justified  in  lieu  of  separate 
ratings.    The  Board  must  apply  separate  codes  and  ratings  in  its  recommendations  if 

compensable ratings for each condition are achieved IAW the VASRD.  If the Board judges that 

two  or  more  separate  ratings  are  warranted,  however,  it  must  satisfy  the  requirement  that 
each ‘unbundled’ condition was separately unfitting.  After due deliberation, the Board agreed 
that the evidence supports a conclusion that the orthopedic condition DDD, separately, would 
not have rendered the CI unable to perform his required military duties.  Accordingly, the Board 
does  not  recommend  a  separate  disability  rating  for  the  orthopedic  DDD  condition.    It  is 
appropriate for the orthopedic and neurologic problems to be “bundled” together, and treated 
as a single, unfitting condition. 
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
Board determined that the January 2003 C&P exam was done just 9 days prior to separation 
and therefore carried greater probative value.  At that exam, there was left calf muscle atrophy 
and weakness of plantar flexion, but his gait was normal.  The Board determined that, based on 
the evidence, the CI had a moderate neurological deficit at the time of separation.  IAW VASRD 
§4.124a, a disability rating of 20% is appropriate for a moderate neurological deficit in the left 
lower extremity. 
 
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 unfitting L5 nerve root compromise, secondary to DDD. 
 
 
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 

   2                                                           PD1201255 
 

exercised.    In  the  matter  of  the  L5  nerve  root  compromise  secondary  to  degenerative  spine 
disease  and  herniated  nucleus  pulposus,  and  IAW  VASRD  §4.124a,  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 

L5 Nerve Root Compromise, due to Degenerative Disc Disease  

8521 

COMBINED 

20% 
20% 

 
 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20030110, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

             
           President 
           Physical Disability Board of Review 

   3                                                           PD1201255 
 

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 31 Dec 12 
 
      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 USMC  
-  former USMC  
 
-  former USN 
 
 
-  former USMC, 
 
-  former USMC  
 
 
 
 
 
 
 
 

 
Assistant General Counsel 
(Manpower & Reserve Affairs) 

 
      
 

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