RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2016-01511
BRANCH OF SERVICE:  ARMY 	SEPARATION DATE:  20040504

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was a National Guard, E5, Motor Transport Operator, medically separated for “hyperflexion neck injury” with a 10% disability rating.  

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 (VA), 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	VARD - 20041104	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Hyperflexion Neck Injury	5237	10%	Residuals of Hyperflexion Neck Injury	5237	10%	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  20%	

ANALYSIS SUMMARY:  

Hyperflexion Neck Injury.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s cervical condition began in August 2003 when her neck was hyper-flexed during training exercises.  She reported that she heard it pop and then briefly lost consciousness.  She developed neck pain and bilateral (right greater than left) hand paresthesia and numbness in the index fingers and thumbs.  An MRI of showed a C5-6 disc bulge and joint hypertrophy which caused moderate-to-severe left foraminal narrowing and mild-to-moderate right foraminal narrowing and C6-7 joint hypertrophy causing bilateral moderate neural foraminal narrowing.  Electro-diagnostic studies on 27 January 2004 were negative for radiculopathy.  Surgery was not recommend.  The 17 September 2003 physical therapy ROM study, 8 months before separation, showed forward flexion at 90% of normal (normal 90 degrees), left and right rotation as normal (30 degrees) and right side-bending at 90% of normal (normal 30 degrees) and left side-bending as normal (30 degrees).

At the 8 March 2004 MEB NARSUM examination, 2 months prior to separation, the CI complained of neck pain and upper extremity paresthesias.  Physical examination showed normal gait, normal motor strength in all extremities, normal reflexes and normal sensation.  There were no range of motion (ROM) measurements recorded in the examination.  There was no VA Compensation and Pension (C&P) evaluation proximate to separation.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the neck condition 10%, coded 5237 (cervical spine strain), citing pain with ROM.  The VA also rated the neck condition 10%, coded 5237, based on the STR, citing forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication for the neck condition.

BOARD FINDINGS:  In the matter of the neck condition and IAW VASRD §4.71a, the panel unanimously recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  The panel, therefore, recommends no modification or re-characterization of the CI’s disability and separation determination. 

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20161011, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20180001638, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	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.

Sincerely,					      
						      					
Enclosure