RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01541
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20071031

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E4, Intelligence Analyst, medically separated for “compression fracture of T12 vertebra…” with a disability rating of 10%.

CI CONTENTION:  “Recurring back pain localized to the area of the fracture.” 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 - 20070713	VARD - 20071101	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Compression Fracture of T12 Vertebra	5235	10%	Status Post T12 Compression Fracture	5235	0%	20070912	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Compression Fracture of T12 Vertebra.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI sustained a T12 compression fracture condition on 4 April 2004 after an airborne (parachute) jump.  Despite treatment, the back condition could not be adequately rehabilitated to meet the physical requirements of the CI’s military specialty and the CI was referred for an MEB.  The MEB forwarded chronic thoracolumbar pain, s/p T12 compression fracture for PEB adjudication.  The range of motion (ROM) examinations in evidence which the Board weighed in arriving at its rating recommendation, with documentation of additional ratable criteria, are summarized in the chart below.  

Thoracolumbar ROM
(Degrees)	PT (for MEB) ~5 Mo. Pre-Sep	VA C&P ~2 Mo. 
Pre-Sep	
Flexion (90 Normal)	80 	90	
Combined (240)	195	240	
Comments	Goniometer used; Painful motion	No pain, weakness or lack of endurance	
§4.71a Rating	10%	0%	

At the MEB examination (recorded on DD Forms 2807 and 2808) dated June 2007, 5 months prior to separation, the CI reported a T12 compression fracture and wearing a back brace for three months.  Physical examination showed a negative straight leg raise (SLR) test bilaterally.  He had a normal gait and no pain with palpation.  The MEB NARSUM examination on 13 June 2007 (5 months prior to separation) noted complaints of low spine pain rated 6/10.  Physical therapy exercises improved ROM.  Physical examination showed no pain with flexion, extension or rotation; a negative SLR bilaterally; a normal gait and was described as essentially a normal lumbar examination.  At the VA Compensation and Pension (C&P) examination in September 2007, performed 2 months before separation, the CI reported aching pain in mid back rated 5 to 6/10, elicited by physical activity and relieved with rest.  He is able to function with medication and did not recall any incapacitation that required bedrest.  Physical examination showed no evidence of radiating pain on movement, muscle spasms or tenderness.  The ROM was within normal limits as noted above.  The SLR test was negative bilaterally.  Pain, weakness, fatigue or lack of endurance does not impact ROM.  Intervertebral disk syndrome (IVDS) was not noted.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the compression fracture of T12 vertebra condition 10% coded 5235 (vertebral fracture or dislocation).  The VA rated the T12 compression fracture condition 0% coded 5235 (vertebral fracture or dislocation), based on the VA C&P examination 2 months before separation.  The Board found no route to a rating higher than the 10% adjudicated by the PEB at separation.  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 compression fracture of T12 vertebra condition.  

BOARD FINDINGS:  In the matter of the compression fracture of T12 vertebra condition and IAW VASRD §4.71a, the Board unanimously or majority 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 20150620, 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 XXXXXXXXXXXXXXXXXXXXX AR20160014399   (PD201501541)

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