RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXX	CASE: PD-2017-05589
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20051006

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E6, Automated Logistical Specialist, medically separated for “chronic neck pain” with a disability rating of 10%.

CI CONTENTION:  No specific contention was made. 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 - 20050627	VARD - 20060418	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Neck Pain	5299-5237	10%	Cervical Spine Stenosis	5238	10%	STR	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Chronic Neck Pain. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI suffered an insidious onset of neck pain during a 2003 deployment to Iraq. Imaging (MRI) demonstrated degenerative disc disease at C3-7 without neuroforaminal impingement. There was evidence of a sensory neuropathy of the right arm, but there was no significant functional impairment and surgery was not recommended. There were STR provider entries that documented grossly normal range of motion (ROM) and normal spinal contour, with no evidence to the contrary; although, the MEB’s DD Form 2808 physical examination documented “decreased ROM secondary to pain.”

The 6 April 2005 MEB NARSUM examination, 6 months prior to separation, documented nonspecific neck pain that rendered the CI “not able to perform heavy physical labor” and prohibited multiple general soldiering requirements. The physical examination recorded a normal gait and spinal contour with guarded neck movement but no tenderness. Measured cervical ROM was flexion to 45 degrees (normal) and combined ROM of 175 degrees (normal 340), specifying painful motion. There was no VA examination proximate to separation in evidence and no other probative post-separation evidence.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the neck condition 10%, coded 5299-5237 (analogous to cervical strain), citing tenderness. The VA also rated the neck condition 10%, coded 5238 (spinal stenosis), based on the same STR evidence, citing limitation of combined ROM. The panel agreed that a 10% rating, but no higher, was justified for combined ROM greater than 170 degrees but not greater than 335 degrees, as reported on the NARSUM examination. There was no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, thus the next higher 20% rating was not justified on this basis. 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 concluded there was insufficient cause to recommend a change in the PEB adjudication for the neck condition.

BOARD FINDINGS: In the matter of the neck condition and IAW VASRD §4.71, the panel recommends no change in the PEB adjudication. There are no other conditions within the panel’s scope of review for consideration. Therefore, the panel recommends no modification or re- characterization of the CI’s disability and separation determination.

2	PD-2017-05589

AR20190008482, XXXXXXXXXXXXXXXXXX 

Dear XXXXXXXXXXXXXXXXXX

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.