RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01142
BRANCH OF SERVICE:  Army	SEPARATION DATE:  20040720

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E5, Light Wheeled Vehicle Mechanic, medically separated for “right shoulder bursitis,” with a disability rating of 0%.

CI CONTENTION:  “Review all conditions.”  The CI’s complete submission is at Exhibit A.

SCOPE OF REVIEW:  The panel's scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned 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 or non-compensable.  Any conditions outside the panel’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the panel for Correction of Military Records.  Furthermore, the panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’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 panel 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 panel 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 - 20040324	VA - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Shoulder Bursitis	5019	0%	No VA Exam in Evidence	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:

Right Shoulder Bursitis.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI reported a right shoulder dislocation in high school and then being involved in a motor vehicle accident February 1997, where he experienced neck pain radiating to his right shoulder.  The CI also reported right shoulder pain without trauma in January 2001 which was aggravated by any type of activity.  The MEB forwarded “right shoulder pain secondary to scapulothoracic bursitis (inflammation of fluid-filled sacs between tissues)” for PEB adjudication.  

An orthopedic examination on 22 August 2003, 11 months prior to separation, noted complaints of upper back and right shoulder blade pain.  Physical examination revealed normal range of motion (ROM) with painful motion.  

The 20 February 2004 MEB NARSUM examination, 5 months prior to separation, noted complaints of right shoulder pain which was exacerbated with any heavy lifting to include pushups and/or putting his hands behind his head with sit-ups.  Physical examination revealed ROM of abduction 180 (180 normal) degrees with painful motion.  A popping sensation, as well as load click, with right shoulder movement was noted.  At the MEB examination (recorded on the DD Forms 2807 and 2808) dated 2 March 2004, 5 months prior to separation, the CI reported right should pain.  Physical examination revealed ROM with pain. The MEB NARSUM Addendum examination on 10 March 2004, 4 months prior to separation, documented right shoulder active ROM of flexion 160 degrees and abduction 150 degrees with painful motion.  There was no VA Compensation and Pension examination in evidence.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right shoulder condition 0%, coded 5019 (bursitis), citing only one [major] joint involved.  The diseases under diagnostic codes 5013 through 5024 are rated on limitation of motion of affected parts, as arthritis, degenerative (5003).  The VA did not rate the right shoulder condition because the CI did not file a VA disability claim.  The panel agreed there was no limitation of motion of the shoulder to support a rating under diagnostic code 5201 (arm, limitation of motion of); however, there were multiple examinations to support a 10% rating IAW VASRD §4.59 (painful motion).  There was no ankylosis, fracture (nonunion/malunion) or subluxation/instability that would support a higher rating under any other joint code.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the right shoulder condition, coded 5019.  

BOARD FINDINGS:  In the matter of the right shoulder bursitis condition, the panel unanimously recommends a disability rating of 10%, analogously coded 5019 IAW VASRD §4.71.  There were no other conditions within the panel’s scope of review for consideration.  

The panel recommends that the CI’s prior determination be modified as follows, effective as of the date of the prior medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Right Shoulder Bursitis	5019	10%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150609, w/attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170011697, XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed) and I accept its recommendation.  This will not result in any change to your separation document or the amount of severance pay.  A copy of this decision will be filed with your Physical Evaluation Board records.  I regret that the facts of the case did not provide you with the outcome you may have desired.
  
	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction. 

	A copy of this decision has also been provided to the Department of Veterans Affairs.

Sincerely,	
Enclosure