RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-01377
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080223

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an E-5, National Guard, Heavy Wheeled Mechanic, medically separated for “right shoulder pain” with a disability rating of 10%.  

CI CONTENTION:  He was unaware he would be medically separated and forfeit his retirement.  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 - 20080804	VARD - 20080822	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right (Non-Dominant) Shoulder Pain 	5099-5003	10%	Residuals of Rotator Cuff Tear, Right Shoulder 	NA*	10%	20080812	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10% 	

*A VARD was not in evidence to indicate the code applied to the shoulder condition. 

ANALYSIS SUMMARY:  

Right (Non-Dominant) Shoulder Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right shoulder condition began in June 2005 after physical training.  He further injured his shoulder during advanced individual training in May 2007 while participating in riot control.  In October 2006, his right shoulder was evaluated but he was advised not to have surgery.  His symptoms worsened and went to a military medical review board in March 2007.  

The 12 September 2007 MEB NARSUM examination, 5 months prior to separation, noted complaints of chronic right shoulder pain.  Physical examination of the shoulder was normal except for decreased upper extremity reflexes.  Physical therapy range of motion (ROM) measured the same day noted painful motion at 166 degrees flexion (normal 180) and 140 degrees of abduction (normal 180).  

At the 22 August 2008 VA Compensation and Pension (C&P) examination, 6 months after separation, the CI reported right shoulder pain.  Physical examination showed right shoulder ROM with forward flexion to 175 degrees and abduction to 110 degrees with pain at extreme ranges.  Pain, fatigue, weakness, lack of endurance, or incoordination did not impact ROM following repetitive use.  

The panel directed attention to its rating recommendation based on the above evidence.  Both the PEB and VA rated the right shoulder condition 10%, citing painful and pain-limited motion, respectively.  The PEB analogously coded the condition 5099-5003 (degenerative arthritis).  The VA Rating Decision was not in evidence to determine the coding assigned.  

The panel agreed that the presence of painful motion on the PEB examination was supported under VASRD §4.59 to achieve the minimal compensable 10% rating.  There was no compensable limitation of motion for a rating under code 5201 nor ankylosis, nonunion, malunion or recurrent shoulder dislocations for rating shoulder joint codes under VASRD §4.71a.  After due deliberation, considering all 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 right shoulder condition.  

BOARD FINDINGS:  In the matter of the right shoulder condition and IAW VASRD §4.59 and §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.  

AR20190004065, XXXXXXXXXXXXXXXXX 

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Dear XXXXXXXXXXXXXXXXX:

	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.