AR20200004550,

Dear:

DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385
ARLINGTON, VA 22202-3531

The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate. I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation. I regret to inform you that your application to the DoD PDBR is denied.

This decision is final. Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

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 DIRECTOR, ARMY REVIEW BOARDS AGENCY

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2017-05510

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 from the United States Army. 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 covered individual was an active duty E5, Cavalry Scout, medically separated for “chronic lower back and thoracic pain” with a disability rating of 20%. The PEB coded the back 5299-5242 (analogous to degenerative arthritis of the spine), with likely application of AR 635-40, B-29 (in effect at the time), which indicated “ratings for loss of joint motion can only be awarded where a mechanical basis for limited motion is found,” and not joint pain resulting in loss of motion. The PEB properly combined the two MEB conditions of “chronic lower back pain-degenerative disc disease (DDD)” and “thoracic DDD” in accordance with the General Rating Formula for Diseases and Injuries of the Spine, and that to rate them separately would violate VASRD §4.14 (avoidance of pyramiding). The VA rated the back condition at 10%, coded 5237 (lumbosacral strain), based on the Compensation and Pension examination. While the physical therapy-measured range of motion used by the PEB could support a higher rating, flexion was measured with an inclinometer (rather than the VASRD-required goniometer IAW §4.46 - accurate measurement), and appeared to be an outlier as the single evaluation proximate to separation indicating limited flexion to that severity. The VA examinations were both more proximate to separation and more accurately represented the severity of disability at the time of separation. There was insufficient evidence to support a rating higher than that adjudicated by the PEB. There was no evidence of intervertebral disc syndrome which resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration of rating under the alternate VASRD formula for that condition. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), there was insufficient cause to recommend a change in the PEB adjudication for the back condition.