RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00657
BRANCH OF SERVICE:  Navy	SEPARATION DATE:  20020923

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Electronic Warfare Technician, medically separated for “chronic lower back lumbosacral pain,” with a disability rating of 10%.

CI CONTENTION:  Should be awarded retirement for his unfitting back condition.  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 based on 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 - 20020808	VARD - 20030322	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Lower Back Lumbosacral Pain	5295	10%	Chronic Lower Back Lumbosacral Pain	5295	10%	STR	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:

Chronic Lower Back Lumbosacral Pain.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s low back pain (LBP) condition began in March 2001 without specific injury or trauma.  The CI had multiple plain film X-rays that were read as normal as well as an MRI of the lumbar spine on 7 June 2001 revealed minimal L5/S1 central disc bulge without disc herniation.  There was no evidence of intervertebral disc syndrome consisting of sciatic neuropathy, recurring attacks, or incapacitating episodes.  There was no surgical indication and despite treatment, the chronic back pain condition could not be adequately rehabilitated to meet the physical requirements of the CI’s military specialty and the CI was referred for a MEB.  The MEB forwarded chronic lower back lumbosacral pain for PEB adjudication.

At the 8 April 2002 and 10 January 2002 primary care clinic evaluations as well as the 13 March 2002 and 23 Jan 2002 physical therapy evaluations the CI displayed full range of motion (ROM) of the lumbar spine.  The MEB NARSUM examination on 29 May 2002, 4 months prior to separation, noted complaints of right lower back pain with intermittent radiation and tingling into the right upper leg.  Physical examination showed mild L4-5 area tenderness; however, ROM was not addressed at this evaluation.  The remainder of the examination was otherwise normal.  At the MEB examination (recorded on DD Forms 2807 and 2808) dated 10 June 2002, 3 months prior to separation, the CI reported back pain for over a year with some numbness in the legs within the previous year.  Physical examination showed a normal spine evaluation.  

The CI did not attend his VA Compensation and Pension evaluation proximate to separation.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the LBP condition 10%, coded 5295 (lumbosacral strain).  The VA also rated the LBP condition 10%, also coded 5295 based on the CI’s STR, citing characteristic painful or limited motion.  The Board agreed the STR showed the CI had painful movement of the lumbar spine supporting a 10% rating coded 5295.  There was no muscle spasm or loss of lateral spine motion to justify a higher 20% rating.  There was no limitation to justify a higher rating using code 5292 (spine, limitation of motion, lumbar) or code 5289 (spine, ankylosing of, lumbar).  There was no evidence of vertebral fracture (5285), intervertebral disc syndrome (5293) or sacro-iliac injury and weakness (5294).  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 chronic low back lumbosacral pain condition.

BOARD FINDINGS:  In the matter of the chronic low back lumbosacral pain condition and IAW VASRD §4.71a of the rating scale in place at the time of separation, 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 20150603, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
               BOARDS 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
 
Ref:   (a) DoDI 6040.44
       (b) CORB ltr dtd 14 Nov 16

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, approve the recommendations of the PDBR that the following individual’s records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board:

		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN

						  XXXXXXXXXXXXXXXXXXXXX
	     				  Assistant General Counsel
						  (Manpower & Reserve Affairs)