RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-05902 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20060315

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Imagery Analyst, medically separated for “backache” with a disability rating of 10%.

CI CONTENTION: Review requested of back condition which has worsened. 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 - 20051223	VARD – 20060420	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Backache	5299-5237	10%	Thoracolumbar Strain	5237	20%	20051123	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 90%	

ANALYSIS SUMMARY:

Backache. According to the service treatment record and MEB narrative summary (NARSUM), the CI had a history of back problems which worsened after a motor vehicle accident in September 2004. Original radiographs of the spine revealed chronic degenerative disc disease of the mid-thoracic spine without evidence of acute trauma. In January 2005, neurology provided diagnosed “thoracic back pain with symptoms consistent with radiculopathy,” and surgery was not recommended. Despite various treatment modalities, the back pain continued. At a neurology visit on 19 October 2005, 5 months prior to separation, thoracolumbar flexion was to 60 degrees (normal 90), with painful motion but no muscle spasms. One week later, at the MEB NARSUM examination, the CI continued to endorse back pain, but the physical examination was unremarkable, although there was no direct comment on spinal ROM or painful motion. Neurologic findings were normal.

At the 23 November 2005 VA Compensation and Pension (C&P) examination, 4 months prior to separation, the CI reported constant pain that would extend to the “whole back.” The physical

examination revealed normal posture and gait as well as lower extremity motor and sensory functions; peripheral reflexes remained symmetrical. Thoracolumbar flexion was to 60 degrees with a combined range of motion (ROM) of 125 degrees (normal 240). There was no radiation of pain on movement and the straight leg raise testing was negative bilaterally. Thoracic and lumbar spine X-rays were normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the back condition 10%, analogously coded 5237 (Lumbosacral strain). Utilizing the same primary code, the VA rated the back condition 20%, based on the C&P examination, citing limited thoracolumbar spine ROM. Panel members agreed that a 20% rating, but no higher, was justified for limitation of flexion (greater than 30 degrees but not greater than 60 degrees), as reported on the neurosurgery and VA examinations. There was no evidence of intervertebral disc syndrome which resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration of rating under that alternate formula. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 20% for the back condition, coded 5237.

BOARD FINDINGS: In the matter of the back condition, the panel recommends a disability rating of 20%, coded 5237 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	
Backache	5237	20%	

The following documentary evidence was considered:

2	PD-2017-05902

DEPARTMENT OF THE NAVY
SECRETARY OF TIIE 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:	Director, Secretary of the Navy Council of Review Boards To:	
Subj:	PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)
Ref:	(a) DoDI 6040.44
(b) PDBR ltr of 3 Feb 20

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

2.	On 7 October 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) took action in your case by accepting the recommendation of the PDBR. Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Department of the Navy Physical Evaluation Board (FEB) from 10% to 20% without re-characterization of your discharge.

3.	For your information, since all disability ratings from 0% to 20% qualify for disability severance pay, the above stated increase will not result in your entitlement to additional compensation.

4.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, has been forwarded to the office of the Deputy Commandant, Manpower and Reserve Affairs, for appropriate changes to your personnel records and notification to you upon completion.