RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2014-03016
BRANCH OF SERVICE:  ARMY	SEPARATION DATE:  20020331

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-4, Motor Transport Operator, medically separated for “back pain with neuroclaudication” with a disability rating of 10%.

CI CONTENTION:  “Please consider all conditions.”  The CI contends his unfitting conditions.

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 based upon a 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 - 20011115	VARD - 20030314	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Back Pain with… Neuroclaudication…	5299-5295	10%	Chronic Low Back with Grade I Spondylolisthesis, L5	5293-5295	10%	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:

Back Pain.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s back condition insidiously began in mid-2000 with extension into both lower extremities.  Diagnostic imaging (MRI) revealed degenerative changes of the lumbosacral spine.  There was no surgical indication, and conservative treatment to include epidural steroid injections did not result in improvement sufficient to allow unrestricted duty.  The MEB forwarded “grade I L5 spondylolisthesis with neuroclaudication” for PEB adjudication.  

During the MEB NARSUM examination dated 31 August 2001, 7 months before separation, the CI reported continued low back pain (LBP), occasionally radiating down both lower extremities.  The physical examination revealed normal gait, reflexes, and strength.  Range of motion (ROM) was not measured but extension was documented painful.  During a pain management examination on 11 February 2002, 2 months before separation, the ROM was documented as ‘full” with radicular pain resolved.

There was no VA Compensation and Pension (C&P) examination in evidence (“failed to report”).

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the back pain condition 10% analogously coded 5295 (lumbosacral strain).  The VA rated the back pain condition 10% analogously coded 5293-5295 (intervertebral disc syndrome - lumbosacral strain) based on the CI’s STR.  In accordance with DoDI 6040.44, the Board is required to recommend a rating IAW the VASRD in effect at the time of separation, which was the 2002 VASRD standards for the spine.

The Board agreed there was no vertebral fracture (5285), complete spine ankylosis (5286), lumbar spine ankylosis (5289), limitation of lumbar spine motion (5292), intervertebral disc syndrome (5293), sacroiliac injury/weakness (5294), or lumbosacral strain (5295) for consideration under the respective codes.  The Board agreed a 10% rating was supported based on VASRD §4.40 (functional loss) or §4.59 (painful motion).  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 back pain condition.

BOARD FINDINGS:  In the matter of the back pain condition, the Board unanimously recommends no change in the PEB adjudication.  There were no other conditions within the Board’s scope of review for consideration.  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 20140606, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB						

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

17 NOV 2016

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for 
XXXXXXXXXXXXXXXXXX, AR20160017151 (PD201403016)

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:

Enclosure

CF: 
(  ) DoD PDBR
(  ) DVA