RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-04679 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20070715

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E4, Rifleman, medically separate for “herniated cervical disk, C6-C7, right” with a disability rating of 0%.

CI CONTENTION: “My range of motion is worst it has started effecting my body as well. A quick movement and turn of the head I am unable to move and in pain for a couple of days. I have also filed for PTSD and waiting on VA.” 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 - 20070524	VARD - 20080626	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Herniated Cervical Disk, C6-C7, Right	5243	0%	Cervical Disc Disease	5237	20%	20080618	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Herniated Cervical Disk, Right C6-C7: According to the service treatment record and MEB narrative summary (NARSUM), the CI’s neck condition began in June 2006 when he was injured while engaged in martial arts training that resulted in immediate neck pain and numbness/tingling to his right upper extremity. The peripheral sensory abnormalities eventually diminished, but the neck and right shoulder pain continued. Radiological imaging revealed a small herniated disc at C6-C7 spinal level. Surgery was not recommended and thus non-operative treatment was his mainstay of therapy.

The 1 March 2007 MEB NARSUM examination, 4 months prior to separation, noted complaints of continued neck and right shoulder pain. The physical examination (PE) revealed full, but painful motion of the cervical spine. There was no evidence of local spasms or abnormal peripheral motor activity or sensation. During the 26 March 2007 MEB examination (recorded on DD Forms 2807-1 and 2808), the PE noted cervical range of motion (ROM) of 20 degrees in all directions (normal cervical flexion 45) and thus equating to a combined ROM of 120 degrees (normal 340).

At the 18 June 2008 VA Compensation and Pension (C&P) examination, 11 months after separation, the CI reported daily constant pain in his right lower neck. The PE revealed mild cervical muscle spasms. Cervical ROM was painful and globally decreased, noting flexion to 30 degrees and a combined ROM of 205 degrees. Motor strength, sensory and reflexes were normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the herniated cervical disk condition 0%, coded 5243 (intervertebral disc syndrome). The VA rated the cervical disc disease condition 20%, coded 5237 (lumbosacral strain), based on the C&P examination, citing forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees. The panel first agreed that the greater examination probative value be apportioned to the MEB NARSUM due to its close reference to separation. All members agreed that a 20% impairment rating, but no higher, was justified for limitation of cervical flexion (greater than 15 degrees but not greater than 30 degrees) as reported on the MEB examination. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 20% for the herniated cervical disk condition, coded 5243.

BOARD FINDINGS: In the matter of the cervical disk condition, the panel recommends a disability rating of 20%, coded 5243 IAW VASRD §4.71. There are no other conditions within the panel’s scope of review for consideration.

Tthe panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Herniated Cervical Disk, C6-C7, Right	5243	20%	

2	PD-2017-04679

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 12 Sep 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 0% 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.