RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXX		BRANCH OF SERVICE: ARMY
CASE NUMBER:  PD0900013		COMPONENT: REGULAR
BOARD DATE: 20090604		SEPARATION DATE: 20041025

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SUMMARY OF CASE:  The covered individual (CI) was medically separated from the Army on 24 Oct 2004 for chronic subjective lower back pain at a 10% rating.  CI had no specific back trauma, but onset of symptoms was from field condition in the AOR.  There were no other unfitting conditions, nor ratable back symptoms not related to thoracolumbar range of motions (ROMs).  Imaging demonstrated degenerative disc disease with spinal canal stenosis, L5-S1.  CI petitioned for increasing his 10% rating by the Army to coincide with the 40% rating provided by the Department of Veterans Affairs (VA) for the same condition under the VA Schedule of Rating Disabilities (VASRD). The VA examination was accomplished pre-discharge and indicated a markedly more limited ROM (both flexion and combined total) from any military examination.  

	Service Treatment Records provided a ROM exam on the MEB physical that lacked specific reference to fatigability, lack of endurance, specific pain onset limits, or tenderness.  A more comprehensive back exam from 10 months prior to the PEB documented substantially similar ROMs.  The VA examination was subsequent to the PEB unfit determination.  It addressed all back rating criteria; however, the non-pain limited ROMs were dramatically different from the Army ROMs and there had been no intervening re-injury or rationale for exacerbation.

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BOARD FINDINGS:  The Board weighed the probative values of all of the back exams, descriptions of back treatments and back-related complaints in-Service and the VA back examination and history and found the Army MEB examination to be substantially weightier. There was a majority decision to recommend no change in the original PEB rating (code 5299-5237 at 10%).  The single voter for dissent (recommended adopting the VA rating 5242 at 40%) elected not to submit a minority opinion.  

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RECOMMENDATION:  No recharacterization of the CI's separation.

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The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20090117, w/atchs.
Exhibit B.  Service Treatment Record.
Exhibit C.  Department of Veteran's Affairs Treatment Record.