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 ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2017-06021

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 Navy. 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 (CI) was an active duty E5, Gas Turbine Electrical Maintenance Technician, medically separated for “degenerative disk disease [DDD], lumbar spine, L5-S1 s/p [status/post] interbody fusion” with a disability rating of 20% which the PEB coded 5241 (spinal fusion). The PEB also listed chronic low back pain as a consequence of DDD, neuropathic pain of left lower extremity, and post laminectomy syndrome as related diagnoses (Category II) that contributed to the primary disability in this case. The panel members agreed that the chronic low back pain…, and post laminectomy syndrome were diagnoses related to the DDD lumbar spine, and were not separate conditions which could be separately rated IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). In regards to the neuropathic pain of left lower extremity, panel members agreed that while the CI may have suffered additional left lower extremity pain from nerve involvement, the left leg pain was not evident at the second narrative summary examination 4 months prior to separation. Additionally, pain is subsumed under the general spine rating criteria, which specifically states “with or without symptoms such as pain (whether or not it radiates).” Therefore the critical decision is whether or not there was a significant motor weakness which would impact military occupation- specific activities. There was no evidence in this case that motor weakness existed to any degree that could be described as functionally impairing. The panel therefore concluded that an additional disability rating was not justified on this basis. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was no alternative ratings greater than the PEB’s current 20%.  Therefore, there was an insufficient cause to recommend a change in the PEB adjudication for the DDD lumbar spine condition.

With regard to the PEB determination that the contended depressive disorder was not unfitting, the contended condition was not noted on limited duty forms. In the non-medical

assessment, the commander wrote that the CI was an outstanding recruiter and extremely successful in the dynamic recruiting environment. In the psychiatric addendum on 11 May 2006, the MEB agreed that the CI was psychiatrically fit for duty. There was no performance-based evidence from the record that the condition significantly interfered with satisfactory duty performance at or near separation. Therefore, after due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB’s fitness determination for the contended depressive disorder, so no additional disability rating is recommended.

Sincerely,

2

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
10 Sep 20

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

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.