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.
2 PD1201706
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)
4 PD1201706
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