RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-00906
BRANCH OF SERVICE:  army 	SEPARATION DATE:  20051215

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was a reserve E6, Human Resources Sergeant, medically separated for “chronic back pain due to spinal arthritis” with a disability rating of 10%.  

CI CONTENTION:  The CI made no specific contention.  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 - 20051116	VARD - 20061025	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Back Pain Due To Spinal Arthritis	5242	10%	Cervical and Thoracic Spondylosis	5299-5003	10%	20060918	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  40%	

ANALYSIS SUMMARY:  

Chronic Back Pain Due To Spinal Arthritis.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s back condition began in November 1997 after lifting and closing the tailgate of a five ton military truck.  Documents indicated that she received treatment for her back while under the care of private medical providers through 1999.  The CI’s back pain symptoms returned in early 2002.  Spinal x-ray studies performed on 6 May 2003 were normal.   

At the 12 March 2005 Primary Care Clinic (PCC) appointment, 9 months prior to separation, the CI reported no pain and the examiner found the back to be normal.  At the 23 May 2005 PCC appointment, 7 months prior to separation, the spine examination continued to be normal.  The 14 September 2005 MEB NARSUM examination, 3 months prior to separation, the CI reported complaints of severe low back pain that prevented her from doing her APFT.  Her physical examination (PE) revealed tenderness about the lumbar spine without muscle spasms.  Spinal range of motion (ROM) was noted as “full”.  At the 8 September 2006 VA Compensation and Pension (C&P) evaluation, 10 months after separation, the CI reported soreness in her back with a pain level of 9/10.  The pain was aggravated by prolonged standing and walking.  The physical examination revealed painful, but normal spinal ROM.  Lumbar spine tenderness was present without evidence of muscle spasms.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the back condition at 10%, coded 5242 (degenerative arthritis), citing the US Army Physical Disability Agency pain policy.  The VA rated the back condition at 10%, coded 5299-5003 (arthritis, degenerative), based upon the C&P examination 10 months after separation, citing pain on all movements of the thoracolumbar spine and limited by pain upon repetitive movement of the spine.  Although there was insufficient limitation of motion to support a 10% rating, the panel agreed a 10% rating was justified for the presence of painful motion and tenderness.  There was no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, thus the next higher 20% rating was not justified on this basis.  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 chronic back pain due to spinal arthritis condition.  

BOARD FINDINGS:  In the matter of the chronic back pain 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.  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 20170213, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20180004955, 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