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AF | PDBR | CY2014 | PD 2014 00120
Original file (PD 2014 00120.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXX       CASE: PD-2014-00120
BRANCH OF SERVICE: AIR FORCE     BOARD DATE: 20141022
SEPARATION DATE: 20070515


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was a Reserve MSgt/E-7 (1C671/Space Systems Operations Craftsman) medically separated for a neck condition. The neck condition could not be adequately rehabilitated to meet the physical requirements of her Air Force Specialty or satisfy physical fitness standards. She was issued a P4 profile and referred for a Medical Evaluation Board (MEB). The neck condition characterized as “cervical disc degeneration (C5-C6) and herniated disc (C5-C6) were forwarded to the Physical Evaluation Board (PEB) IAW AFI 48-123. No other conditions were submitted by the MEB. The PEB adjudicated “chronic neck pain with degenerative changes and disc bulge of C5-6” as unfitting, rated 10% referencing application of the VA Schedule for Rating Disabilities (VASRD). The CI made no appeals and was medically separated.


CI CONTENTION: “I lost my chosen career due to pain and spasms from my neck and still get muscle relaxors and antiinflamatories for it.”


SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e.(2). It is limited to those conditions determined by the PEB to be unfitting for continued military service and those conditions identified but not determined to be unfitting by the PEB when specifically requested by the CI. The rating for the unfitting neck condition is addressed below; no additional conditions are within the DoDI 6040.44 defined purview of the Board. Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Board for Correction of Military Records.


 RATING COMPARISON :

Service IPEB – Dated 20070420
 VA - (14 Mos. Post-Separation)
Condition
 Code Rating Condition Code Rating Exam
Chronic Neck Pain… 5243 10% Herniated Disk, C5-6 5299-5237 10% 20060707
Other x 0 (Not in Scope)
 Other x 9 (Not in Scope) 20060707
Combined: 10%
 Combined: 20%
Derived from VA Rating Decision (VA RD ) dated 2006 1228 ( most proximate to date of separation [ DOS ] ).


ANALYSIS SUMMARY:

Chronic Neck Pain. The CI was a reservist with a history of neck pain from multiple accidents beginning in childhood. The first record in evidence for the neck pain was a magnetic resonance imaging of the cervical spine (neck) which showed herniation of the cervical disc at C5-6. She was treated conservatively over the next few years with medications and steroid injections and issued a medical waiver for this condition to continue her occupation as a space operator. However, her condition progressed to the point that she could no longer sit for prolonged periods, a requirement for her occupation and required medications which were incompatible with her duties. The range-of-motion (ROM) measurements recorded in a physical therapy note dated 17 March 2006 appear to have the measurements for the lateral flexion (side bend) and rotation transposed, reducing the probative value of this examination. The VA Compensation and Pension (C&P) examination, performed on 7 July 2006 is not in evidence. However, the 28 December 2006 VARD documented that the C&P examiner recorded that there was no atrophy, spasm or tenderness. The ROM is charted below. The neurological examination was normal. Incapacitation was not recorded. The narrative summary was dated 30 November 2006. The CI reported ongoing pain and spasm which limited her duty. She had a normal neurological examination and full ROM. The ROM evaluations in evidence which the Board weighed in arriving at its rating recommendation, with documentation of additional ratable criteria, are summarized in the chart below.

Cervical ROM (Degrees) VA C&P ~ 10 Mo. Pre-Sep MEB ~ 6 Mo. Pre-Sep
Flex (45 Normal) 45 FROM
Combined (340) 210 Full
Comment DeLuca negative Painful motion not recorded
§4.71a Rating 10% 0%

The Board directs attention to its rating recommendation based on the above evidence. The more proximate PEB examination supports a 0% rating with full and painless motion. The PEB and VA both adjudicated the neck at 10% using the codes 5243 (intervertebral disc syndrome) and 5299-5237 (analogous to cervical strain), respectively. The Board found no route to a higher rating. 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 neck 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 neck 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.


RECOMMENDATION: The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.
The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20131227, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record








                 
XXXXXXXXXXXX
President
Physical Disability Board of Review

SAF/MRB
Dear XXXXXXXXXXXX:

 Reference your application submitted under the provisions of DoDI 6040.44 (Title 10 U.S.C. §1554a), PDBR Case Number PD-2014-00120.
After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate. Accordingly, the Board recommended no re-characterization or modification of your separation.
         I have carefully reviewed the evidence of record and the recommendation of the Board. I concur with that finding and their conclusion that re-characterization of your separation is not warranted. Accordingly, I accept their recommendation that your application be denied.
                                                               Sincerely,
XXXXXXXXXXXX
Director
Air Force Review Boards Agency
Attachment:
Record of Proceedings

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