RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-01188
BRANCH OF SERVICE:  army	SEPARATION DATE:  20051019

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

CI CONTENTION:  The CI requested review of additional conditions not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB).  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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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 - 20050705	VARD - 20051206	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Neck Pain	5235-5241	20%	Residuals of Anterior Fusion Cervical Spine to Include Scar	5241	20%	20050727	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  60% 	

ANALYSIS SUMMARY:  

Chronic Neck Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI struck his head on the ocean floor.  He underwent cervical spine surgery with an anterior cervical disc fusion of a C4/C5 right pillar fracture with anterolisthesis (slippage of vertebra) in July 2004.  Radiographic studies performed in August 2004 revealed a stable appearance and unchanged vertebral alignment.  There were no bone fractures or evidence of surgical hardware failure.  Follow-up X-ray in February 2005, 8 months after surgery, showed a solid intact surgical site appearance; there was no evidence of fracture nor instability.
The 4 May 2005 MEB NARSUM examination, 6 months prior to separation, noted complaints of continued neck pain with no significant improvement post-surgery.  Physical examination revealed cervical range of motion (ROM) of flexion to 20 degrees (normal 45) and combined ROM was 155 degrees (normal 340); painful motion was not addressed.  There was no local erythema, edema, or tenderness noted.  The upper extremities revealed no weaknesses and sensory was intact.  Deep tendon reflexes were 2+ (normal).  Repeat X-ray studies revealed a stable cervical fusion.

At the 27 July 2005 VA Compensation and Pension (C&P) examination, 3 months prior to separation, the CI reported chronic neck pain which radiated to the shoulders; exacerbated by physical activity, stress, and sleep.  The pain did not cause incapacitation.  The cervical spine physical examination was completely normal with the exception of painful flexion to 30 degrees.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the neck condition 20%, coded 5235-5241 (vertebral fracture-spinal fusion), citing limitation of flexion.  The VA also rated the neck condition 20%, coded 5241, based on the C&P examination, citing limitation of flexion.

The panel members 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 MEB NARSUM and VA examinations.  There was no evidence of intervertebral disc syndrome which resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration of rating under the alternate VASRD formula for that condition.  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’s adjudication for the neck condition.

BOARD FINDINGS:  In the matter of the neck condition and IAW VASRD §4.71a, the panel 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 20170222, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

AR20180007332, 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