RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXX	CASE: PD-2017-02612
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20060923

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Personnel Specialist, medically separated for “cervical degenerative disc disease [DDD]” with a disability rating of 20%.

CI CONTENTION: The cervical radiculopathy should have also been found unfitting and rated. Review of additional conditions not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) was requested.  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 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 - 20060615	VARD - 20070110	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Cervical DDD	5237	20%	DDD, C-Spine	5242	20%	20060719	
Left Cervical Radicular Symptoms	Cat II	Radiculopathy, Left Upper Extremity	8599-8515	10%		
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS: 40%	
	
ANALYSIS SUMMARY:

Cervical DDD. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s neck pain began in January 2004 after a motor vehicle accident. A 16 November 2005 MRI showed C3-7 spondylosis with C3-4 reversal of lordosis and mild central canal stenosis. The 28 April 2006 physical therapy appointment, 5 months prior to separation, noted complaints of neck pain, rated at 7/10, which radiated to both upper extremities. Physical examination showed “full active range of motion (ROM) globally, with discomfort upon left rotation.”

At the 16 May 2006 MEB NARSUM examination, 4 months prior to separation, the CI complained of neck pain and tingling in the left hand. Physical examination showed tenderness of the cervical processes, paraspinal muscles and trapezius muscles bilaterally. Cervical ROM was normal in all planes except for decreased right and left rotation to 70 degrees (normal 80).

During the 19 July 2006 VA Compensation and Pension (C&P) examination, 2 months before separation, the CI reported neck pain with spasms and resolution of the left had numbness. Physical examination showed no spams or tenderness, and flexion to 30 degrees (normal 45) with a combined ROM 260 degrees (normal 340). After repetition, flexion was to 20 degrees, and there was pain and weakness with neck motion.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the cervical spine condition 20%, coded 5237 (cervical strain). The VA also rated the cervical spine condition 20%, but coded 5242 (degenerative arthritis of the spine), based on the C&P examination, citing limited motion and pain and weakness. The PEB also listed left cervical radicular symptoms as a related Category II condition (contributes to the primary unfitting condition but was not separately ratable). Panel members agreed that the preponderance of evidence did not support the radicular symptoms as separately ratable. 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 cervical spine and left radicular conditions.

BOARD FINDINGS: In the matter of the cervical degenerative disc disease and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication. In the matter of the left cervical radicular symptoms 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 20170424, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

2	PD-2017-02612

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

IN   REPLY   REFER TO:
1850
CORB: 003 20May20

From: 

Director, Secretary of the Navy Council of Review Boards 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW  (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr dtd 19 Jul 19

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy on 5 Mar 2020 for appropriate action.

2.	On 20 March 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR of no change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation  Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.