RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  xxxxxxxxxxxxxxxxxxxxxx	CASE:  PD-2017-05336
BRANCH OF SERVICE:  Air Force	SEPARATION DATE:  20070529

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Aircraft Fuel Systems Apprentice, medically separated for “chronic low back pain [LBP], herniated discs and degenerative disc disease [DDD]” with a disability rating of 10%.

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 - 20070410	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic LBP…	5243	10%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Chronic LBP.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI developed persistent LBP following a sports injury in 2006, and an MRI on 7 December 2006 demonstrated DDD (L4-S1, herniation L5/S1 with left neural impingement).  Multiple neurological examinations were normal.  There were STR provider entries of nonspecific range of motion (ROM) limitation, and physical therapy (PT) notes recording flexion ranging from 50% to 80% of normal with conservative treatment.  There were earlier entries that documented an antalgic gait (possibly due to concurrent knee pain), but later notes recorded a normal gait.  There was record of a normal spinal contour, and no documentation of incapacitating episodes. 

The 7 February 2007 MEB NARSUM examination, 4 months prior to separation, noted nonspecific LBP that prohibited running and heavy lifting.  Physical examination recorded lumbar tenderness and normal neurological findings, without note of spasm, or abnormal gait or spinal contour.  The 14 February 2007 MEB PT examination charted thoracolumbar flexion to 

BOARD FINDINGS:  In the matter of the low back condition, the panel recommends a disability rating of 20%, 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, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Chronic Low Back Pain, Herniated Discs and Degenerative Disc Disease	5242	20%	

SAF/MRB

Dear XXXXXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-05336.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was not in accordance with the guidelines of the Veterans Affairs Schedule for Rating Disabilities.  Accordingly, the Board recommended modification of your assigned disability rating without re-characterization of your separation with severance pay. 

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding, accept the recommendation and direct that your records be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force.  This will not result in any change to your separation documents or the amount of severance pay you are entitled to.  Disability severance pay is computed the same regardless of a rating of 0, 10 or 20 percent.