Search Decisions

Decision Text

AF | PDBR | CY2014 | PD-2014-00643
Original file (PD-2014-00643.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXX  CASE: PD-2014-00643
BRANCH OF SERVICE: Army  BOARD DATE: 20141114
SEPARATION DATE: 20070422


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PFC/E-3 (92W/Water Treatment Specialist) medically separated for chronic back pain. The condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty or satisfy physical fitness standards. He was issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). The condition, characterized as “lumbar spondylosis” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. The MEB also identified and forwarded one other condition (ulnar nerve injury) for PEB adjudication. The Informal PEB adjudicated his back condition as unfitting, rated at 10%. The remaining condition w as determined to be not unfitting. The CI made no appeals and was medically separated.


CI CONTENTION: The CI elaborated no specific contention in his application.


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 back condition is addressed below; and, 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 20070302
 VA - (1.5 Months Post-Separation)
Condition
 Code Rating Condition Code Rating Exam
Chronic Back Pain… 5299-5237 10% Lumbar Spondylosis… 5242 10% 20070605
Other x 1 (Not in Scope)
 Other x 0 (Not in Scope)
Rating: 10%
 Combined: 10%
Derived from VA Rating Decision (VA RD ) dated 200 70724 ( most proximate to date of separation )


ANALYSIS SUMMARY:

Low Back Condition. The narrative summary (NARSUM) notes the CI to develop low back pain with radiation to his legs in May 2006 during basic training. Routine X-rays of the back were negative. A magnetic resonance imaging (MRI) of the back performed on 31 May 2006, revealed mild disc bulging in the lower spine without spinal nerve compression. A subsequent MRI in December 2006 showed no change in the back condition. Nerve conduction studies (NCS) of the back performed on 30 June 2006, revealed no evidence of spinal radiculopathy. No surgery was recommended. On physical therapy evaluation performed in December 2006, range-of-motion (ROM) of the back, measured with a goniometer, was Flexion 90 degrees (Normal). At the MEB NARSUM evaluation on 22 February 2007 (2 months prior to separation), the CI reported continued back pain with activity. The MEB physical exam (DD Form 2808) noted the gait to be normal and mild tenderness with palpation in the low back area. ROM of the spine was reported to be “full.”

At the VA Compensation and Pension evaluation, performed approximately a month after separation, the CI reported no episodes of incapacitation and the impact of his back condition on activities of daily living to be mild to moderate. On physical examination, gait and posture were normal. On exam of the back, motor strength, sensory and reflexes were normal. ROM of the back was Flexion 90 degrees (Normal) with pain, but no muscle spasm.

The Board directed attention to its rating recommendation based on the above evidence. The PEB and VA both rated the back condition at 10% for painful motion using different codes IAW §4.71a and §4.59; the PEB using code 5237 (lumbosacral strain) and the VA using 5242, (arthritis of the spine). A higher rating of 20% under both codes requires flexion of thoracolumbar spine greater than 30 degrees but less than 60 degrees. The Board unanimously agreed that the MEB and VA examinations were equivalent and both supported a 10% rating for the back condition for painful motion. The Board unanimously agreed that the record in evidence did not support a compensable rating for the back condition using range of motion criteria. The Board then considered other avenues for appropriate rating. There was no evidence for ratable peripheral nerve impairment in this case, since no motor weakness was present, NCS were negative and sensory symptoms had no functional implication. There was no evidence of incapacitating episodes for a higher rating under code 5243. The Board found no other appropriate codes for consideration. After due deliberation, considering the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board unanimously concluded that there was insufficient cause to recommend a change in the PEB adjudication for the low back 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 back 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 20140114, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record








                 
XXXXXXXXXXXXXXXXX
President
DoD Physical Disability Board of Review


 SAMR-RB                                                                         


MEMORANDUM FOR Commander, US Army Physical Disability Agency
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557


 SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXX , AR20150007103 (PD201400643)

I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual. Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s recommendation and hereby deny the individual’s application.
This decision is final. The individual concerned, counsel (if any), and any Members of Congress who have shown interest in this application have been notified of this decision by mail.

BY ORDER OF THE SECRETARY OF THE ARMY:

Encl                                                  XXXXXXXXXXXXXXXXX
                                                      Deputy Assistant Secretary of the Army
                                                      (Review Boards)
                                                     
CF:
( ) DoD PDBR
( ) DVA

Similar Decisions

  • AF | PDBR | CY2014 | PD-2014-00268

    Original file (PD-2014-00268.rtf) Auto-classification: Denied

    Post-Separation) ConditionCodeRatingConditionCodeRatingExam LBP524310%Lumbar Spine Disc Herniation’s524320%20070105Other x 2 (Not In Scope)Other x 3 Combined: 10%Combined: 50%Derived from VA Rating Decision (VARD)dated 20070104 ( most proximate to date of separation [DOS]). The Board directs attention to its rating recommendationbased on the above evidence.The PEB rated the LBP condition 10% and the VA rated it 20%, both coded 5243(intervertebral disc syndrome). RECOMMENDATION : The Board,...

  • AF | PDBR | CY2014 | PD-2014-01977

    Original file (PD-2014-01977.rtf) Auto-classification: Approved

    The Informal PEB (IPEB) adjudicated “chronic neck pain” and “chronic low back pain” as unfitting, rated 10% and 0%, respectively, for a combined 10% disability, with likely reliance on AR 635-40 for rating. Disk protrusions were noted to decrease from 2005 through 2007 and the mild dilatation of the central thoracolumbar spinal canal (Syrinx) was stable.At the MEB exam, the CI reported back pain exacerbated by activity and rare left leg pain. In the matter of the back condition, the Board...

  • AF | PDBR | CY2013 | PD-2013-02139

    Original file (PD-2013-02139.rtf) Auto-classification: Denied

    The MEB forwarded no other conditions to the PEB.The Informal PEB (IPEB) adjudicated chronic LBPas unfitting, rated 0%with likely application of the VA Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. The Board agreed that no rating could be recommended under this code. 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...

  • AF | PDBR | CY2013 | PD-2013-02289

    Original file (PD-2013-02289.rtf) Auto-classification: Approved

    The MEB only referred “chronic neck pain” and “chronic low back pain” to the Physical Evaluation Board (PEB) IAW AR 40-501. The MEB physical examination noted decreased range-of-motion (ROM) of the cervical areas and tenderness with spine palpation.The narrative summary (NARSUM) dated 7 April 2004 noted the CI could not perform the duties of his MOS secondary to chronic low back and neck pain.A permanent profile U3/L3dated 12 May 2004 was issued for neck pain, CTS and a chronic lower back...

  • AF | PDBR | CY2013 | PD-2013-02181

    Original file (PD-2013-02181.rtf) Auto-classification: Denied

    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.In addition, the CI was notified by the Service that his case qualifies for review of his mental health (MH) condition in accordance with the Secretary of Defense directive for a comprehensive review of Service members who were referred to a disability evaluation process...

  • AF | PDBR | CY2013 | PD-2013-02494

    Original file (PD-2013-02494.rtf) Auto-classification: Denied

    No apparent VA C&P exam was performed as noted above.The Board directs attention to its rating recommendationbased on the above evidence.The PEB and the VA rated the back condition 10% coded5243 (disc syndrome) IAW §4.71a.citing forward flexion of the back of 80 degrees.Under this code, a rating of 10% requires forward flexion of the lumbar spine greater than 60 degrees but not greater than 85 degrees. The 40%rating requires flexion of the lumbar spine of 30% or less.The Board unanimously...

  • AF | PDBR | CY2013 | PD-2013-02206

    Original file (PD-2013-02206.rtf) Auto-classification: Denied

    The Board also considered rating the back condition using the VASRD formula based on incapacitating episodes due to intervertebral disc syndrome. In the matter of the chronic back pain, without neurologic abnormality 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. Physical Disability Board of Review

  • AF | PDBR | CY2012 | PD-2012-01830

    Original file (PD-2012-01830.rtf) Auto-classification: Approved

    SEPARATION DATE: 20071208 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.The Board acknowledges the CI’s implied contention for the ratings determined to be not unfitting by the PEB; and, emphasizes that the disability compensation may only be offered for those conditions that cut short the member’s career. The MEB physical...

  • AF | PDBR | CY2013 | PD-2013-02203

    Original file (PD-2013-02203.rtf) Auto-classification: Denied

    Lumbar Spine Condition . The examiner noted that three repetitions did not further reduce the lumbar ROM.Radiographs of the lumbar spine showed the transitional vertebra with normal spine alignment and normal S1 joints.At the VA C&P peripheral nerves examination on 25 April 2009 the CI reported back pain that radiated down both legs, at times to the heels. The VA rated the lumbar spine DDD at 20%, coded 5242 and denied service-connection for radiculopathy.

  • AF | PDBR | CY2014 | PD-2014-00507

    Original file (PD-2014-00507.rtf) Auto-classification: Approved

    The chronic low back pain(LBP) condition, characterized as “mechanical low back pain,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.The MEB also identified and forwarded two other conditions (bilateral knee pain and bilateral low-frequency hearing loss) for PEB adjudication.The Informal PEB adjudicated“chronic low back pain,”as unfitting, rated at 10% with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining two conditions...