RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXXXX	CASE: PD-2017-04418
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20070615

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

CI CONTENTION: “My symptoms are…worsening.” 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 - 20070404	VARD - 20080201	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Mechanical Lower Back Pain	5237	10%	Lumbosacral Strain	5237	10%	20080114	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Mechanical Lower Back Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s back condition began in October 2005 after attempting to stop a tire from a 7-ton truck from falling. Radiographic studies of the back showed a disc bulge at L4- 5 without neural impingent. During the 23 October 2006 MEB examination (recorded on DD Forms 2807-1 and 2808), 8 months prior to separation, the CI reported recurrent back pain with numbness and tingling in the upper legs. Spinal evaluation was checked abnormal, but no comments were made.

The 6 March 2007 MEB NARSUM examination, 3 months before separation, noted CI complaints of low back pain exacerbated by lifting above the head, twisting at the waist or running greater

than a mile. Physical examination showed tenderness and spasm, but no obvious back deformity, and a normal gait. The CI was able to forward flex to 60 degrees (normal 90), but pain started at 30 degrees. Extension, rotation and lateral flexion measurements were all normal without issues. Straight leg raise testing was negative, and motor strength and sensation were normal.

At the 14 January 2008 VA Compensation and Pension (C&P) examination, 7 months after separation, the CI reported lower back pain which flared when bending or lifting. Physical examination showed tenderness, but no spasm, and gait was normal. The ROM study showed flexion of 80 degrees and combined ROM of 230 degrees (normal 240), with pain. Although there was increased pain and easy fatigability, there was no change in ROM after repetition.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the back condition 10%, coded 5237 (lumbosacral strain). The VA also rated the back condition 10%, coded 5237, based on the C&P examination, citing thoracolumbar forward flexion greater than 60 degrees but not greater than 85 degrees; or, combined ROM greater than 120 degrees but not greater than 235 degrees. The panel majority 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 NARSUM examination which was closest to separation. There was no documentation of intervertebral disc syndrome 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 majority recommends a disability rating of 20% for the back condition, coded 5243.

BOARD FINDINGS: In the matter of the back condition, the panel majority recommends a disability rating of 20%, coded 5237 IAW VASRD §4.71a. The single voter for dissent recommended no change but did not elect to submit a minority opinion. 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	
Mechanical Lower Back Pain	5237	20%	

2	PD-2017-04418

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
12 Oct 20

From: To:

Subj:

Ref:

Director, Secretary of the Navy Council of Review Boards 

PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)

(a) DoDI 6040.44
(b)	PDBR ltr of 16 Aug 19
(b)	

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 5 October 2020, the Assistant Secretary 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 (PEE) from 10% 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 office of the Deputy Commandant, Manpower and Reserve Affairs, for appropriate changes to your personnel records and notification to you upon completion.