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 XXXXXXXXXXXXX
	Case Number PD-2017-06062

	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 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 covered individual was an active duty E5, Ammunition Specialist, medically separated for “lumbar strain” and “left (non-dominant) shoulder pain,” rated 10% each, with a combined disability rating of 20%.  The PEB coded the back condition 5237 (lumbosacral strain), citing loss of motion.  The VA also rated the back condition 10%, coded 5242 (degenerative arthritis of the spine), based on the Compensation & Pension (C&P) examination, citing limitation of forward flexion.  The panel agreed that a 10% rating, but no higher, was justified for limitation of flexion greater than 60 degrees but not greater than 85 degrees, as reported on the MEB physical therapy range of motion (ROM) 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 evidence 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 back condition.  

	Regarding the left shoulder condition, the PEB rated it 10%, analogously coded 5099-5003 (degenerative arthritis), citing satisfactory evidence of painful motion.  The VA also rated the left shoulder condition 10%, dual coded 5201-5024 (limitation of arm motion due to tenosynovitis), based on the C&P examination, citing painful motion.  The VASRD §4.71a threshold for rating for ROM impairment (code 5201) is “at shoulder level,” and the examinations proximate to separation demonstrated motion above this level.  However, panel members agreed that a 10% rating was justified with application of VASRD §4.59 (painful motion), as reported on the examinations proximate to separation.  Additionally, there was no fibrous union or nonunion of the humerus (5202), or clavicle or scapula impairment (5203) to support a higher rating.  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 left shoulder condition.

AR20200004657, 

	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.