DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD DC 20374-5023

From:
To:

Director, Secretary of the Navy Council of Review  Boards
PD-2017-01254

IN REPLY REFER TO

1850
CORB:003
27 Feb 20

Subj:	PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)
Ref:	(a) DoDI 6040.44
(bl PDBR ltr of 28 Oct 19

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded  its
recommendation to the Department of the Navy for appropriate action.
2.	On 21 February 2020, the Assistant General Counsel of the Navy (Manpower & Reserve Affairs) took action in your case by  accepting the recommendation of  the PDBR.	Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Department of the Navy Physical Evaluation Board (PEB) from 0% to 20% without re-characterization of your discharge.

3.	For your information, since all disability ratings from 0% to 20% qualify for disability severance pay, the above stated increase will not result in your entitlement to additional compensation.

4.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, has been forwarded to the Navy Personnel Command for appropriate changes to your personnel records and notification to you upon completion.

RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXX	CASE: PD-2017-01254
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20050415

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Utilitiesman, medically separated for “lumbosacral strain” with a disability rating of 0%.

CI CONTENTION:  No specific contention was made.  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 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 - 20050214	VARD - 20050906	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Lumbosacral Strain	5237-5003	0%	DDD, Lumbosacral Spine	5243	20%	20050325	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Lumbosacral Strain. According to the service treatment record and MEB narrative summary (NARSUM), the CI had a greater than one year history of low back pain that progressed in severity. An MRI in April 2004 showed degenerative disk disease (DDD) without disk herniation. At the  23 November 2004 orthopedic examination, 5 months prior to separation, the CI complained of occasional radiation of back pain to the bilateral buttocks and posterior thigh made worse with long periods of sitting or standing and twisting movements. Examination revealed a normal gait. Thoracolumbar range of motion (ROM) testing showed flexion of 45 degrees (normal 90).  The  8 December 2004 NARSUM examination, 4 months prior to separation, noted complaints of low back pain. Physical examination noted “normal flexibility in the lumbar spine with normal side- bending, rotation, flexion, and extension.”  There was no evidence of painful motion.

At the 25 March 2005 VA Compensation and Pension (C&P) examination, 1 month before separation, the CI reported constant low back pain that radiated to the left lower extremity and was aggravated by physical activities and stress. Physical examination showed a normal posture and gait with no evidence  of  muscle  spasm,  guarding  or tenderness.   Thoracolumbar     ROM

measurements showed flexion of 55 degrees (normal 90) and combined ROM of 170 degrees (normal 240), after repetition, with painful motion.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the back condition 0%, dual coded 5237-5003 (lumbosacral strain – degenerative arthritis). The VA rated the back condition 20%, coded 5243 (intervertebral disc syndrome (IVDS)), based on the C&P examination, citing forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. Panel members noted that there were only two VASRD compliant ROM evaluations among the evidence. The panel agreed that a 20% rating, but no higher, was justified for limitation of flexion greater than 30 degrees but not greater than 60 degrees as reported on the orthopedic and VA examinations. There was no documentation of IVDS with incapacitating episodes which would provide for a higher rating under that formula. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 20% for the back condition, coded 5243.

BOARD FINDINGS: In the matter of the back condition, the panel recommends a disability rating of 20%, coded 5243 IAW VASRD §4.71a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Lumbosacral Strain	5243	20%