RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-02368
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060213

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was a National Guard E6, Network Switching Systems Operator, medically separated for “chronic neck pain…” with a disability rating of 20%.

CI CONTENTION:  “Review all conditions.”  The 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 Board 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 determination 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(s) 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 - 20060103	VARD - 20070312	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Neck Pain	5241	20%	…DJD of the C-Spine…	5010	10%	STR	
			Cervical Radiculopathy, LUE	8799-8715	NSC		
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Chronic Neck Pain.  According to the service treatment record (STR) and the MEB narrative summary (NARSUM), the CI underwent cervical spine surgery (C5-6 and C6-7 discectomy and fusion) in November 2004.  

At the physical therapy (PT) examination on 7 September 2005, 5 months before separation, the examiner recorded forward flexion of 15 degrees (normal 45) with a combined range of motion (ROM) of 170 degrees (normal 340).  The 27 October 2005 MEB NARSUM examination, 4 months prior to separation, noted the CI experienced minimal symptoms with no complaints of left arm paralysis or weakness.  The CI reported neck pain with rotation, lying in a prone position, and looking up.  Physical examination showed normal motor strength with forward flexion recorded as 15 degrees and combined ROM at 170 degrees.  There was no VA examination in evidence proximate to separation.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the neck condition 20%, coded 5241 (spinal fusion), citing restricted passive range of motion.  The VA rated the condition 10%, coded 5010 (arthritis due to trauma), citing degenerative joint disease of the cervical spine.  The VA additionally identified cervical radiculopathy of the left upper extremity, but did not service connect that condition.  

VASRD spine ratings are based on active range of motion.  The panel agreed that a 30% rating was justified for limitation of forward flexion 15 degrees or less as reported at the October 2005 NARSUM examination.  There was no documentation of intervertebral disc syndrome (IVDS) with incapacitating episodes which would provide for a higher rating under that formula (for IVDS).  Although the CI did experience left upper extremity radicular symptoms, post-surgery the CI did not complain of any numbness or tingling, nor did any physical examination identify any objective evidence of radiculopathy.   After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 30% for the chronic neck pain condition, coded 5241.  

BOARD FINDINGS:  In the matter of the chronic neck pain condition, the panel unanimously recommends a disability rating of 30%, coded 5241 IAW VASRD §4.71a.  There were no other conditions within the panel’s scope of review for consideration.  

The Board recommends that the CI’s prior determination be modified as follows, and that the discharge with severance pay be re-characterized to reflect permanent disability retirement, effective the date of the prior medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Chronic Neck Pain	5241	30%	
COMBINED	30%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150917, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170012617, XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX:

	I accept the recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR) to re-characterize your separation as a disability retirement with the combined disability rating of 30% effective the date of your medical separation for disability with severance pay.  Enclosed is a copy of the Board’s recommendation and record of proceedings for your information.

	The re-characterization of your separation as a disability retirement will result in an adjustment to your pay providing retirement pay from the date of your original medical separation minus the amount of severance pay you were previously paid at separation.
 
	The accepted DoD PDBR recommendation has been forwarded to the Army Physical Disability Agency for required correction of records and then to the U.S. Defense Finance and Accounting Service to make the necessary adjustment to your pay and allowances.  These agencies will provide you with official notification by mail as soon as the directed corrections have been made and will provide information on your retirement benefits.  Due to the large number of cases in process, please be advised that it may be several months before you receive notification that the corrections are completed and pay adjusted.  Inquiry concerning your correction of records should be addressed to the U.S. Army Physical Disability Agency, (AHRC-DO), XXXXXXXXXXXXXXXXXXX.

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

Sincerely,					      
Enclosure