RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2014-01295
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080827

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Military Police, medically for “thoracolumbar degenerative disc disease without motor neurologic findings” with a disability rating of 10%.  

CI CONTENTION:  The CI contends she should have gone through the VA Disability Evaluation Process (DES) process for medical separation.  The CI’s complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting.  Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation.  The Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20080703	VARD - 20110409	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Thoracolumbar Degenerative Disc Disease	5299-5242	10%	Degenerative Disc Disease, Lumbar Spine	5243	0%	20101006	
Refractive Error-Myopia	Not Unfitting	No VA Entry	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Thoracolumbar Degenerative Disc Disease (DDD).  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s low back condition became symptomatic in late 2007.  Diagnostic imaging revealed multilevel DDD as well as disc bulging without adjacent nerve impingement.  

An Orthopedic evaluation conducted on 27 December 2007 was normal and surgery was not recommended.  Despite physical therapy (PT) treatment, the back condition could not be adequately rehabilitated to meet the physical requirements of the CI’s military specialty and she was referred for MEB.  The MEB forwarded “lumbar spondylosis” for PEB adjudication.  At the MEB examination in June 2008, 2 months prior to separation, the CI endorsed continued LBP.  The physical examination was detailed and revealed normal, but painful motion of the thoracolumbar spine.  All other spinal PE parameters were normal.

The VA Compensation and Pension (C&P) examination was conducted over 2 years remote of the CI’s date of separation and therefore, the STR and MEB evaluations were exclusively probative for determining a final impairment rating.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB assigned a 10%, coded 5299-5242 (degenerative arthritis).  The VA rated a 0% coded 5243 (intervertebral disc syndrome) citing normal range of motion without painful movements.  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’s adjudication for the back condition.  

Contended PEB Condition: Myopia (nearsightedness).  The Board’s main charge is to assess the fairness of the PEB’s determination that the contended eye condition was not unfitting.  The myopia condition was not profiled or implicated in the commander’s statement or judged to fail retention standards.  There was no performance based evidence from the record that the condition significantly interfered with satisfactory duty performance at separation.  After due deliberation, and in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended myopia condition and so no additional disability rating was recommended.

BOARD FINDINGS:  In the matter of the low back DDD condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication.  In the matter of the contended refractive error-myopia condition, the Board unanimously recommends no change from the PEB determination as not unfitting.  There were no other conditions within the Board’s scope of review for consideration.  The Board, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination. 

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140313, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

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 XXXXXXXXXXXXXXXXXXXXXXX AR20160010869 (PD201401295)

I have reviewed the enclosed Department of Defense Physical Disability Board of
Review (000 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:

Enclosure

CF:
( ) DoD PDBR
( ) DVA