RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:	CASE: PD-2017-03273
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20081230

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Rifleman, medically separated for “cervicalgia” with a disability rating of 10%.

CI CONTENTION: Pain continues to worsen and negatively impacts daily activities and life. 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 - 20080922	VARD - 20090827	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Cervicalgia	5243	10%	Cervical Muscular Strain with Cervical Degenerative Disk Disease	5237	10%	20090702	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Cervicalgia. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s cervicalgia condition began in late February or early March 2007 after being hit in the back during an assault course. Radiographic imaging showed multilevel disc disease with no surgical indication. The 10 July 2008 MEB NARSUM examination, 5 months prior to separation, showed a normal gait. There was tenderness to the paraspinous muscle region from about C-6 through the T-1 level. Range of motion (ROM) measurements showed flexion was about 2 inches short of touching the chin to his chest, extension was about 40 degrees, straight bending to the

left and to the right was about 20 degrees each, and rotation of the chin to the left and to the right was about 40 degrees each. There was normal strength in the trapezius region.

At the 2 July 2009 VA Compensation and Pension (C&P) examination, 6 months after separation, the CI reported a dull aching pain in the neck that would awaken him at night. Over-the-counter Motrin helped. He denied any spasms, bowel or bladder incontinence, foot drop, or saddle anesthesia. He wore no brace and reported that the pain did not affect his gait. He had no radicular symptoms in the upper or lower extremities. He reported having 8/10 pain flares twice per week lasting 24 hours. Physical examination showed the upper and lower extremities did not reveal any gross abnormalities and strength was normal. Cervical examination revealed no vertebral tenderness. There was no gross misalignment noted. The paraspinal muscles were slightly tender in the lower cervical paraspinal areas bilaterally. Forward flexion and combined ROM were painful but normal at 45 degrees and 340 degrees, respectively. There was no additional restricted ROM, nor weakness, fatigability, discoordination, or loss of joints function with use, or against resistance, with three repetitive movements.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the cervicalgia condition 10%, coded 5243 (intervertebral disc syndrome [IVDS]). The VA also rated the cervicalgia condition 10%, coded 5237 (cervical spine strain), based on the C&P examination, citing tenderness. 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. 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 concluded there was insufficient cause to recommend a change in the PEB adjudication for the cervicalgia condition.

BOARD FINDINGS: In the matter of the cervicalgia 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:

2	PD-2017-03273

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

IN REPLY REFER TO:
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno 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.