RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXX	CASE: PD-2017-05719
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20081015

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Assistant Leading Petty Officer, medically separated for “status post right shoulder superior labrum (anterior to posterior) repair” with a disability rating of 10%.

CI CONTENTION: Review requested of additional conditions not identified by the Medical Evaluation Board (MEB) and/or Physical Evaluation Board (PEB). 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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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 – 20080807	VARD – 20081126	
Condition	Code	Rating	Condition	Code	Rating	Exam	

Status Post Right Shoulder Superior Labrum (Anterior To Posterior) Repair	
5299-5003	
10%	Right Shoulder Superior Labrum Anterior Posterior (SLAP) Tear, Tendinitis and Acromioclavicular (AC)
Joint Arthrosis Status Post Orthoscopic Repair	
5201	
20%	
20080828	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 60%	

ANALYSIS SUMMARY:

Right Shoulder Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent a right shoulder SLAP tear repair in October 2007, but continued to have right shoulder pain and weakness. Despite multiple steroid/anesthetic injections and regular physical therapy for nearly a year, he continued to have right shoulder pain and instability as well as multiple subluxations. The 30 June 2008 MEB NARSUM examination, 4 months prior to separation, noted CI complaints of right shoulder pain and weakness. Physical examination revealed well-healed surgical scars and normal motor strength, but there was anterior shoulder pain and a positive O'Brien’s test (to determine a SLAP tear). All other tests (sulcus, drop arm, belly press and lift off) were negative, and there was no pain over the AC joint. Range of motion (ROM) measurements showed both forward flexion and abduction to 180 degrees (normal) with pain at the extremes of motion. An MRI in July 2008 showed possible detachment of the superior

labrum, thickening and irregularity of the posterior labrum likely representing a scar, a low grade rim-rent tear of the supraspinatus tendon, infraspinatus tendinosis, and AC joint arthrosis.

At the 28 August 2008 VA Compensation and Pension (C&P) examination, 2 months before separation, the CI reported severe right shoulder pain. Physical findings showed tenderness, but no swelling, redness, deformities, or neurological abnormalities. Flexion and abduction were to
180 degrees, with painful motion, and the diagnosis was right shoulder SLAP tear post arthroscopic repair, with rotator cuff tendinitis and AC joint arthrosis. X-rays were normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right shoulder condition 10%, analogously coded 5299-5003 (arthritis, degenerative). The VA rated the right shoulder condition 20%, coded 5201 (arm, limitation of motion of), based on the C&P examination, citing constant pain, painful motion, and MRI findings. The VASRD §4.71a threshold for rating ROM impairment under code 5201 is “at shoulder level” (approximately 90 degrees from the side), and the examinations in evidence demonstrated motion above that level. However, panel members agreed that a 10% rating was justified with application of VASRD §4.59 (painful motion). The panel considered other VASRD shoulder and analogous codes, but all were less applicable and/or not advantageous for rating. There was therefore no higher rating than the 10% adjudicated by the PEB. 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 right shoulder condition.

BOARD FINDINGS: In the matter of the right shoulder condition and IAW VASRD §4.71a, 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-2017-05719

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
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:	XXXXXXXXXXXXXXX

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.