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 XXXXXXXXXX
Case Number PD-2018-00024

In accordance with (IAW) 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 Marine Corps. 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 E6, Personnel Administrative Chief, medically separated for “bilateral shoulder impingement” with a disability rating of 10%, analogously coded 5099-5003 (degenerative arthritis).  The PEB also listed acromioclavicular joint arthritis as a related Category II condition (contributed to the primary unfitting condition). However, any impairment from this condition was properly subsumed under the overall rating for the bilateral shoulder condition to avoid pyramiding (§4.14). The VA rated the left and right shoulder conditions 0% each, analogously coded 5299-5019 (bursitis), based on the Compensation & Pension examination, citing no objective evidence of painful or limited motion of a major joint.

Panel members agreed that although the objective evidence indicated the left shoulder was more impaired than the right, there was not a preponderance of evidence showing either shoulder to be not unfitting. There was no limitation of motion (code 5201) to support a minimum rating for either shoulder, but the panel agreed there was evidence of painful motion with functional loss IAW §4.59, §4.40 and §4.45 to support a 10% rating for the left shoulder but no evidence of painful motion of the right shoulder to support higher than a 0% rating.  The panel considered other shoulder and analogous codes, but all were less applicable or not advantageous to 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 bilateral shoulder condition.

2	PD-2018-00024

DEPARTMENT OF THE NAVY
SECRETARY OF TIIB 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:	

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.