RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20011218 

 
NAME:  X  
CASE NUMBER:  PD1201706 
BOARD DATE:  20130306 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  Cpl/E-4  (6092/Aircraft  Maintenance)  medically 
separated for  low  back  pain  (LBP).    He  was  treated,  but  did not  improve  adequately  to  fully 
perform his military duties or meet physical fitness standards.  He was placed on limited duty 
and underwent a Medical Evaluation Board (MEB).  The MEB found his back condition medically 
unacceptable  and  referred  him  to  an  Informal  Physical  Evaluation  Board  (IPEB).    No  other 
conditions were listed on NAVMED Form 6100/1.  The June 2001 IPEB found the CI fit for duty.  
The  CI  did  not  accept  the  IPEB  findings  and  requested  reconsideration.    In  July  2001,  IPEB 
reconsideration was performed.  The back condition was found unfitting, and rated at 10%.  The 
CI did not accept these findings and requested a formal hearing.  He later withdrew his request, 
and  accepted  the findings  of  the  July  2001  IPEB  reconsideration.   The  CI  was  then  medically 
separated with a 10% disability rating. 
 
 
CI  CONTENTION:    “The  ratings  for  the  condition  that  rendered  the  member  unfit  should  be 
changed because the unfit condition was not commensurate with a 10% disability rating; it was 
more disabling. The difficulties I encountered with civilian life once separated, changed the way 
I live my life and to the extent I could live my life. My lower back condition incapacitated me 
while I was in the service and it has worsened.” 
 
 
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 back condition (post-traumatic lumbar pain syndrome, no 
evidence  of  radiculopathy)  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:   
 

IPEB Reconsideration – dated 20010719 

VA (13 mos. Post-Separation) – All Effective 20011216 

Condition 

Lumbar Pain Syndrome 

Code 
5295 

Rating 
10% 

Condition 

Lumbar Pain Syndrome 

Code 
5237 

Rating 
20%* 

Exam 

20030122 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

Not Service Connected x 1 

Combined:  20%* 

 

*VA rating for the Lumbar condition was later increased to 30%, by a subsequent VA Rating Decision dated 20080906 

 
 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed by the CI regarding 
the impairment with which his 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 disability entitlements as those under which the military Disability Evaluation System 
(DES) operates.  The DES has neither the role nor the authority to compensate members 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.    Post-separation  evidence  is  probative  only  to  the 
extent that it reasonably reflects the disability and fitness implications at separation.  
 
Low Back Pain (LBP).  In July 1999, this CI injured his back while training on an obstacle course.  
When  he  presented  for  care  and  was  evaluated,  imaging  studies  showed  a  compression 
fracture  of  L4,  and  two  bulging  discs  at  L4-L5  and  L5-S1.    It  was  decided  that  he  was  not  a 
candidate  for  surgery.    Many  different  treatment  options  were  tried,  including  non-steroidal 
anti-inflammatory drugs (NSAIDs) and physical therapy (PT).  However, in spite of treatment, his 
LBP persisted and an MEB was initiated.  The MEB clinical evaluation was at Camp Pendleton on 
24 November 2000.  The CI complained of significant LBP.  Because of the pain, he could not 
swim,  cycle  or  perform  crunches.    He  denied  any  lower  extremity  (LE)  pain  or  dysesthesia.  
Examination of his lumbar back revealed decreased range-of-motion (ROM).  Forward flexion 
brought  fingers  to  ten  inches  above  the  floor.    Extension  was  also  diminished.    There  was 
normal  strength  in  all  LE  muscle  groups.    Sensation  was  intact,  deep  tendon  reflexes  (DTRs) 
were symmetric, and gait was normal.  As noted above, the CI was medically separated from 
the Marine Corps in December 2001.  Thirteen months later, he had a VA Compensation and 
Pension (C&P) exam.  He reported that the LBP was constant, and kept him awake at night.  On 
examination,  gait  was  normal,  and  he  was  in  no  acute  distress.    His  movements  in  the 
examination room were normal.  Forward flexion was 90 degrees, and brought fingers to within 
an inch of the floor.  Backward extension was 20 degrees.  Straight leg raise was normal, and 
DTRs were normal.  There were no sensory or motor deficits. 
 
The Board carefully reviewed all evidentiary information available, and directs attention to its 
rating  recommendation  based  on  the  above  evidence.    The  PEB  coded  the  condition  5295 
(lumbosacral  strain)  and  rated  it  10%.    The  Veterans’  Administration  Schedule  for  Rating 
Disabilities (VASRD) coding and rating standards for the spine, which were in effect at the time 
of  the  CI’s  separation,  were  modified  in  September  2002,  and  then  were  changed  again  in 
September 2003.  The older standards were based on the rater’s opinion regarding degree of 
severity, whereas current standards specify certain rating thresholds, with measured degrees of 
ROM  impairment.    IAW  DoDI  6040.44,  the  Board  must  use  the  VASRD  coding  and  rating 
standards which were in effect at the time of the CI’s separation.  Based on the evidence in the 
treatment  record,  the  Board  unanimously  agreed  that  the  CI’s  low  back  condition  was  best 
described  as  “slight.”    There  was  insufficient  evidence  in  the  treatment  record  to  support 
classifying  the  LBP  condition  as  “moderate”  or  “severe.”    Although  there  was  some  bilateral 
muscle  spasm  documented  at  the  January  2003  C&P  exam,  the  Board  determined  that  the 
spasm  was  not  severe  enough  to  justify  a  rating  of  20%.    IAW  VASRD  §4.71a,  the  Board 
unanimously  recommends  a  rating  of  10%  for  the  LBP  condition.    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 LBP 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. In the matter of the LBP 
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. 
 

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RECOMMENDATION:  The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows:    
 

VASRD CODE  RATING 

5295 

COMBINED 

10% 
10% 

Post Traumatic Low Back Pain, with no Radiculopathy 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120830, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 
 
 

 

x 
Acting Director 
Physical Disability Board of Review 

3                                                           PD1201706 

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 04 Apr 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: 
 
 
 
 
 
 
 
 
 
 
 
 

-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
  
 

 
 
 
 
 
 
 
 
 
 
 

 

 

     
 
 
 
 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  x 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

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