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 XXXXXXXXXXXXXX
	Case Number PD-2017-05917

	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 (CI) 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 CI was a Reserve E4, Motor Transportation Operator, medically separated for “low back pain” with a disability rating of 10%.  The PEB rated the back condition 10%, analogously coded 5299-5237 (lumbosacral strain), citing localized tenderness.  The VA also rated the back condition 10%, but coded 5242 (degenerative arthritis of the spine), based on the Compensation and Pension (C&P) examination, citing applicable VASRD §4.71a spine criterion for combined range of motion (ROM).  A 10% rating, but no higher, was justified for limitation of flexion (greater than 60 degrees but not greater than 85 degrees) as reported in the MEB narrative summary (NARSUM), and/or combined ROM (greater than 120 degrees but not greater than 235 degrees) as reported in the NARSUM and pre-separation C&P examinations.  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. Additionally, there was insufficient documentation of intervertebral disc syndrome with incapacitating episodes which would provide for a higher rating under that formula.  The panel further considered whether additional rating could be recommended for associated lower left extremity neuropathy, but there was neither the functional link to fitness requisite for service rating, nor the presence of a VASRD ratable deficit supported by the evidence at separation.  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 back condition.  

AR20200004329

Dear XXXXXXXXXXXXXXXXXXXX:

	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.