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 XXXXXXXXXX
	Case Number PD-2017-06064

	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 E3, Intelligence Analyst, medically separated for “chronic low back pain” and “right hip pain,” rated 10% each, with a combined disability rating of 20%.   The PEB coded the back condition 5237 (lumbosacral strain), citing painful motion.  The VA did not rate the back condition, but rather found it to be not service-connected.  The range of motion (ROM) examinations showed full ROM and there was no documentation of pain limiting motion or spasm causing abnormal gait or abnormal spinal contour.  There was no documentation of intervertebral disc syndrome with incapacitating episodes which would provide for a higher rating under that formula.  Therefore, panel members concluded there was no evidence to support a rating higher than that 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 back condition.  

In regards to the right hip condition, the PEB analogously coded it 5299-5255 (femur impairment), citing “slight hip disability due to satisfactory evidence of painful motion.”  The VA also rated the right hip condition 10%, analogously coded 5299-5252 (limitation of thigh flexion), citing “objective evidence of limitation of motion of a major joint.”  There was no documentation of pain limiting motion or hip instability.  Therefore, the panel concluded there was no evidence to support a rating higher than that 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 hip condition.  

AR20200004654,

	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.