RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-00744
BRANCH OF SERVICE:  AIR fORCE 	SEPARATION DATE:  20060828

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Supply Management Craftsman, medically separated for “neck pain” with a disability rating of 20%.  

CI CONTENTION:  There were other conditions that should have been included in the disability rating.  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 Medical Evaluation Board (MEB), but determined by the PEB 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.  The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate.  The panel’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for 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, which operates 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 disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB -20060713	VARD - 20070816	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Neck Pain	5241	20%	Cervical Disc Disease 	5241	20%	20070404	
Tobacco Habituation	Cat III	No VA Placement	
Overweight	Cat III		
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS:  40%	

ANALYSIS SUMMARY:  

Neck Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent a cervical fusion of C6-7 on 15 December 2005.  At the 29 June 2006 MEB NARSUM examination, 2 months prior to separation, strength was intact and no radicular symptoms were present.  The range of motion (ROM) study showed flexion of 30 degrees (normal 45) and combined ROM of 265 degrees (normal 340).  Neither incapacitation nor painful motion were recorded.  

At the 4 April 2007 VA Compensation and Pension (C&P) evaluation, 8 months after separation, the CI reported stiffness and neck pain aggravated by activity.  The physical examination showed good symmetry of the spine with a normal gait.  Tenderness was present, but muscle spasms were not recorded.  The ROM showed flexion of 30 degrees and combined ROM of 240 degrees.  With the exception of decreased reflexes of the left leg, which were chronic and unrelated to the neck condition, the neurological examination was normal.  Healing was seen on X-ray. 

The panel directed attention to its rating recommendation based on the above evidence.  The PEB and VA both rated the neck condition 20%, coded 5241 (spinal fusion).  The panel agreed that a 20% rating, but no higher, was justified for limitation of flexion greater than 15 degrees but not greater than 30 degrees as reported on the NARSUM and VA examinations.  The panel concluded there was no evidence to support a rating higher than that adjudicated by the PEB.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the neck condition.  

Contended PEB Conditions:  Tobacco Habituation and Overweight.  Neither condition is considered a physical disability IAW DoDI 1332.38, enclosure 5.  After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for either of the contended conditions and so no additional disability ratings are recommended.  

BOARD FINDINGS:  In the matter of the neck condition and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication.  In the matter of the contended tobacco habituation and overweight conditions, the panel recommends no change from the PEB determinations as not unfitting.  There were no other conditions within the panel’s scope of review for consideration.  Therefore, the panel 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 20170208, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record 

SAF/MRB
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, MD  20762

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-00744.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.

						Sincerely,

		

								XXXXXXXXXXXXXXXXXX
								Director
								Air Force Review Boards Agency

Attachment:
Record of Proceedings