RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXX		BRANCH OF SERVICE: ARMY
CASE NUMBER:  PD0900162		COMPONENT: RESERVE
BOARD DATE: 20090625		SEPARATION DATE: 20040123

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SUMMARY OF CASE:  This covered individual (CI) was an NCO medically separated from the Army in 2004 after 10 years of combined service.  The medical basis for the separation was a back condition.  He was a truck driver who injured his back when rear-ended by another vehicle during convoy operations in Iraq.  He was subsequently evacuated from theater and underwent medical evaluation.  He was diagnosed with Grade 2 spondylolisthesis (slippage of vertebra) and disc disease.  This was not amendable to surgery and did not respond well enough to conservative management for continued service.  There were no other injuries or medical conditions associated with this case.  He was referred to the PEB, found unfit and separated at 10% disability.  He was evaluated by the VA less than two months from separation and likewise rated 10% (currently at 20%).  The CI contends for medical retirement, citing his current level of disability and employment issues.

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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 PDBR to the extent they were inconsistent with the VASRD in effect at the time of the adjudication. It is possible that the service-specific ‘pain rule’ may have tempered the rating exam of the back.  The Board, however, did not surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD were exercised which would have had a significant adverse impact on rating.  The PEB coding was appropriate, and rating was derived from the general rating formula for the spine IAW VASRD §4.71a.  The MEB and VA exams were similar and rated equivalently.  The Board unanimously concluded that the PEB adjudication was fair.  

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RECOMMENDATION:

The Board therefore recommends that there be no recharacterization of the CI’s Physical Evaluation Board adjudication.

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The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20090128, w/atchs.
Exhibit B.  Service Treatment Record.
Exhibit C.  Department of Veterans' Affairs Treatment Record.