RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20031130 

 
NAME:  XX 
CASE NUMBER:  PD1201580 
BOARD DATE:  20130212 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty Cpl/E-4 (2831, AN/TRC-170 Radio Terminal Repairer) 
medically separated for persistent left shoulder pain.  In January 2001, the CI injured his left 
shoulder while playing football.  He was treated, but was unable to fully perform his military 
duties  or  meet  physical  fitness  standards.    He  was  placed  on  limited  duty  (LIMDU)  and 
underwent  a  Medical  Evaluation  Board  (MEB).    The  MEB  found  his  painful  left  shoulder 
condition medically unacceptable, and referred him to a Physical Evaluation Board (PEB).  No 
other  conditions  were  listed  on  the  NAVMED  6100/1.    The  PEB  found  the  left  shoulder 
condition  unfitting,  and  rated  it  10%  IAW  the  Veterans’  Administration  Schedule  for  Rating 
Disabilities  (VASRD).    The  CI  made  no  appeals,  and  was  medically  separated  with  a  10% 
disability rating. 
 
 
CI  CONTENTION:    “The  condition  which  rendered  me  unfit  for  service  has  had  far  reaching 
effects  on  my  life,  both  prior  to  my  discharge  and  thereafter.  I  have  always  had  greater 
dexterity with my right side, however I have always been strongest and use my left side for any 
manual labor.  My condition, which limits my use of my left arm has also caused undue stress 
on my right arm and shoulder.  This compensation has been the cause of damage to my right 
shoulder that likely would not have occurred if proper use of my left arm were still possible.  
Following two operations to repair a posterior labral tear, my ability to do almost any manual 
labor  is  significantly  reduced,  creating  greater  long-term  ramifications  than  originally  were 
presented to me in the lead up to and during my PEB board.” 
 
 
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 shoulder condition (“Persistent left shoulder pain, status 
post  arthroscopic  subacromial  decompression  and  open  distal  clavicle  excision”)  meets  the 
criteria prescribed in DoDI 6040.44, and is accordingly addressed below.  No other conditions 
are within the Board’s purview.  Any condition outside the Board’s defined scope of review may 
be eligible for future consideration by the Board for Correction of Naval Records.  
 
 
RATING COMPARISON:  
 

 

 

Navy PEB – dated 20030925 

VA (~5 mos. Post-Separation) – All Effective 20031201 

Condition 

Code 

Rating 

Condition 

Left Shoulder Pain 

5299-5003 

10% 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

 

Left Shoulder Pain 
Left Shoulder Scars 
Bilateral Tinnitus 

Code 

5010-5203 

7802 
6260 

Rating 
10% 
0% 
10% 

Exam 

20040421 
20040421 
20040428 
20040421 

Not Service Connected x 8 

Combined:  20% 

ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed by the CI regarding 
the impairment with which his shoulder condition continues to burden him, and the significant 
impact it has had on his quality of life.  It is noted for the record that the Board is subject to the 
same  laws  for  Service  disability  entitlements  as  those  under  which  the  Disability  Evaluation 
System (DES) operates.  The DES has neither the role nor the authority to compensate the CI for 
future severity or potential complications of conditions.  That role and authority is granted to 
the Department of Veterans Affairs (DVA).  The Board evaluates DVA evidence in arriving at its 
recommendations, but its authority resides in evaluating the fairness of DES fitness and rating 
determinations at the time of separation.  Compensation can only be granted for the degree of 
severity  present  at  separation.    The  DVA,  however,  is  empowered  to  re-evaluate  a  CI’s 
conditions for the purpose of adjusting the disability rating should the degree of impairment 
change over time. 
 
Persistent  Left  Shoulder  Pain.    In  January  2001,  this Marine  fell  and  injured  his  left  shoulder 
while  playing  football.    Several  different  treatment  options  were  tried,  including  surgery.  
However, in spite of treatment, his left shoulder pain persisted and an MEB was initiated.  His 
MEB clinical evaluation was in June 2003.  At that time he reported global left shoulder pain, 
worse  with  heavy  lifting  or  prolonged  exertion.    Physical  examination  of  the  left  shoulder 
revealed a well healed surgical incision, and mild elevation of the distal clavicle.  There was no 
tenderness to palpation (TTP) at the resected acromio-clavicular (AC) joint.  Motor strength of 
the left shoulder girdle was mildly decreased (4 out of 5).  Distally, motor strength in the left 
arm  and  hand  was  normal  (5  out  of  5).    Range-of-motion  (ROM)  of  the  left  shoulder  was 
assessed by physical therapy (PT) as normal.  As noted above, the CI was medically separated 
from the Marine Corps on 30 November 2003, due to persistent left shoulder pain status post 
(s/p) arthroscopic subacromial decompression and open distal clavicle excision.   
 
Five months after separation from service, he had a VA Compensation and Pension (C&P) exam.  
The CI reported pain in the left shoulder, but no loss of use.  There was marked AC crepitus of 
the left shoulder, and slight AC crepitus on the right.  Both shoulders had normal ROM.  The 

neurovascular exam of the left upper extremity was normal.   There was no limitation of motion 

due to pain, weakness, incoordination, or fatigue.  The two ROM evaluations which the Board 
weighed in arriving at its rating recommendation, are summarized in the chart below. 

*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion) 

 
The  Board  carefully  reviewed  all  evidentiary  information  available.    Using  clinical  data  in  the 
treatment record, the CI’s left shoulder was essentially non-compensable based on the VASRD 
§4.71a codes for loss of shoulder/arm motion (5200 and 5201).  However; IAW VASRD §4.40, 
§4.45, and §4.59, a 10% rating is warranted when there is satisfactory evidence of functional 
limitation due to painful motion of a major joint.  The Board tried to find a path to a higher 
rating for the left shoulder, but there was not sufficient evidence to justify a rating higher than 
10%.    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 persistent left shoulder pain. 
   
 
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 

2                                                           PD1201580 

 

Left Shoulder ROM 

 

Flexion (180⁰ is normal) 

Abduction (180⁰ is normal) 

§4.71a Rating 

 
PT ~ 5 mos. Pre-Sep 

(20030624) 

normal 
normal 
10%* 

VA C&P ~ 5 mos. Post-Sep 

(20040421) 

180⁰ 
180⁰ 
10%* 

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 persistent left shoulder pain and IAW VASRD §4.40, §4.45, 
§4.59, and §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 
5299-5003 
COMBINED 

10% 
10% 

           xx 
           Acting Director 
           Physical Disability Board of Review 

Persistent left shoulder pain, status post surgery 

UNFITTING CONDITION 

 
 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120826, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

3                                                           PD1201580 

 

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 8 Mar 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 USMC 
-  former USMC 
-  former USN 
-  former USMC 
-  former USMC 
-  former USN 
-  former USMC 
  
 

      
 

 
 

 
 

 
 

 
 

  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

4                                                           PD1201580