RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXXXX	CASE: PD-2017-05291
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20050731

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Fireman, medically separated for “lumbar spondylosis” with a disability rating of 20%.

CI CONTENTION: “Review all conditions.” 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 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 - 20050421	VARD - 20050726	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Lumbar Spondylosis	5299-5243	20%	Lumbar Spondylosis	5242-5243	40%	20050701	
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Lumbar Spondylosis. According to the service treatment record and MEB narrative summary (NARSUM), the CI had a 2-year history of low back pain (LBP), without trauma, beginning in 2003. An MRI performed in mid-2003 revealed a “very minimal” broad-based disc bulge at L4-5 which did not compress corresponding nerve roots. At the 11 March 2005 MEB NARSUM examination, 5 months prior to separation, he reported left paraspinal back pain with radiation into both thighs and numbness of the left leg. Physical examination showed use of a cane to ambulate, and that he was “only able to forward flex approximately 20 degrees at the waist without significant pain;” extension was “reduced” and “less painful.” The NARSUM examiner opined that the CI “was now handicapped in that he cannot perform any physical activities that require him to relinquish his cane,” and was not able to carry any weight, walk for long distances, sit or stand for prolonged periods, or navigate stairs without difficulty.

At the 1 July 2005 VA Compensation and Pension (C&P) examination, 1 month before separation, the CI reported LBP that caused difficulty sitting down, and that he was “very limited in his mobility.” Physical examination revealed spinal flexion to 30 degrees (normal 90), extension to

20 degrees (normal 30) and left and right rotation to 25 and 28 degrees (normal 30), respectively. Neurologic examination was normal, and an MRI was referenced as showing degenerative changes at L4-L5 due to broad diffuse disc bulging, and facet hypertrophy with mild narrowing of the neuro-canal, but no spinal stenosis. The examiner diagnosed “lumbar spondylosis with limitation of ROM.”

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the low back condition 20%, analogously coded 5299-5243 (intervertebral disc syndrome (IVDS)). The VA rated the same condition 40%, dual coded 5242-5243 (degenerative arthritis of the spine-IVDS), based on the C&P examination, citing limitation of flexion. Panel members agreed that a 40% rating was justified for limitation of flexion not greater than 30 degrees, as reported on the MEB NARSUM and VA ROM examinations. There was no documentation of IVDS with incapacitating episodes which would provide a higher rating under that formula. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 40% for the low back condition, coded 5242.

BOARD FINDINGS: In the matter of the low back condition, the panel recommends a disability rating of 40%, coded 5242 IAW VASRD §4.71a. 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; and, that the discharge with severance pay be re-characterized to reflect permanent disability retirement, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Lumbar Spondylosis	5242	40%	

2	PD-2017-05291

DEPARTMENT OF THE NAVY
SECRETARY OF TI!E 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 23 Dec 19
(b)	

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

2.	On 5 October 2020, the Assistant Secretary of the Navy took action in your case by accepting the correct recommendation of the PDBR.	Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Physical Evaluation Board from 20 to 40 percent with assignment to the Permanent Disability Retired List.

3.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, was sent to the Navy Personnel Command, for correction of your records as stated above.	You will be notified once those changes are complete.
1.