DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2017-03375

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual (CI) from the United States Navy. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The CI was a Reserve E6, Navy Law Enforcement Specialist, medically separated for “low back pain” with a disability rating of 10%. The PEB rated the low back condition 10%, coded 5237 (lumbar spine strain). The VA also rated the low back condition 10%, but coded 5243 (intervertebral disc syndrome (IVDS)), based on the service treatment record and Compensation and Pension examination, citing recurrent painful motion. A 10% rating, but no higher, was justified for the presence of painful motion which was evident on all examinations; or for combined range of motion greater than 120 degrees but not greater than 235 degrees, as reported on VA examination; or for tenderness documented on the MEB narrative summary.  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 also 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 low back condition.

Sincerely,

DEPARTMENT  OF  THE NAVY
SECRETARY OF THE 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 ofthe Navy Council ofReview Boards To:	XXXXXXXXXXXXXXX
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 ofthe Navy on 13 Aug 2020 for appropriate action.
2.	On 27 August 2020, the Assistant Secretary ofthe Navy (Manpower & Reserve Affairs) accepted the recommendation ofthe PDBR ofno change to your characterization ofseparation or disability rating assigned by the Department ofthe 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 ofNaval Records.