VA – (3 mos. Post-Separation) | |||||||
Code | Rating | Condition | Code | Rating | Exam | ||
Chronic Low Back Pain | 5243 | 10% | Residuals of Low Back Injury, with Herniated Nucleus Pulposus | 5242 | 10% | 20060327 | |
Other x 3 | 20060327 | ||||||
Combined Rating: 40% |
(Degrees) |
MEB ~ 6
mos.
Pre-Sep |
VA
C&P
~ 3
½ mos.
Post-Sep |
|
100 | 8 5 | ||
230 | 210 | ||
Pain with motion | Pain with motion | ||
10% | 10 % |
VASRD CODE | RATING | ||
Chronic low back pain, status post L5-S1 laminectomy | 5243 | 10% | |
10% |
AF | PDBR | CY2012 | PD-2012-00405
The IPEB adjudicated the chronic LBP condition as unfitting, rated 10% using VASRD code 5241. The rated condition for chronic LBP is the only condition that meets the Board’s purview for review. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: VASRD CODE RATING 5241 COMBINED 10% 10% Chronic Low Back Pain UNFITTING CONDITION The following documentary evidence was considered: Exhibit A. DD...
AF | PDBR | CY2013 | PD-2013-01898
The MEB characterized the back condition as “chronic LBP with 4/5 Waddell signs and no radicular symptoms” and the right knee pain as “chronic right knee pain following trauma…” Both conditions were deemed medically unacceptable by the MEB and were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. Although the PEB and VA titled the unfitting back condition slightly differently, they both utilized(in various combinations) similar codes of 5237 (lumbosacral strain) and 5242...
AF | PDBR | CY2013 | PD-2013-01753
Neck 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 LBP condition and IAW VASRD §4.71a, the Board unanimously recommends no...
AF | PDBR | CY2013 | PD-2013-02301
The VA increased their radiculopathy rating, but maintained the 40% back rating until a subsequent exam in 2012 led to a decreased spine rating of 20%. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of his prior medical separation: XXXXXXXXXXXXXXX President Physical Disability Board of Review
AF | PDBR | CY2014 | PD-2014-01159
RATING COMPARISON : Service IPEB – Dated 20060206VA – (1 week Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Low Back Pain…523710%Discogenic Disease and Spinal Stenosis…524320%20060228Other x 0 (Not in Scope)Other x 3 Combined: 10%Combined: 40% *Derived from VA Rating Decision (VARD) dated 20060321 (most proximate to date of separation (DOS)) ANALYSIS SUMMARY :The Board acknowledges the CI’s contention that a higher rating should have been granted for the unfitting medical...
AF | PDBR | CY2013 | PD-2013-02418
A note in the record on 3 June 2004 noted improvement with mild to moderate LBP, aggravated by activity, with occasional RLE symptoms, with a normal examination except “some discomfort in the lumbar region.” The CI sought a second opinion from physical medicine regarding a MEB and at the evaluation on 14July 2004 the CI reported no relief of symptoms despite PT. The Board agreed that according to current VASRD spine rules for rating the spine in effect at the time of separation the ROM...
AF | PDBR | CY2014 | PD 2014 00463
The left knee condition was not considered by the PEB. The pain was rated at 9 out of 10. The MEB NARSUM examiner documented chronic left knee pain that was medically managed.
AF | PDBR | CY2012 | PD2012-01181
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: ARMY SEPARATION DATE: 20021117 NAME: XXXXXXXXXXXXXXXXXX CASE NUMBER: PD1201181 BOARD DATE: 20130111 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PFC/E-3 (92A10/Automated Logistical Specialist), medically separated for chronic mechanical low back pain (LBP). (2) is limited to those conditions which were determined by the PEB to be...
AF | PDBR | CY2013 | PD-2013-02760
All treatment notes in the STR addressed the two knees together and the MEB forwarded bilateral knee pain as not meeting retention standards.The Board agreed that the evidence in record reasonably supports that each knee was unfitting at the time of separation and eligible for service disability rating. 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...
AF | PDBR | CY2012 | PD2012-00125
The subsequent USAPDA review in April 2008 readjudicated assigning a 20% rating; the CI was then medically separated with a 20% disability rating. The CI was treated with extensive physical therapy however he was not able to return to unrestricted duties in his MOS and beginning in April 2005, the CI was on duty limiting profile due to back pain. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as...