SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE DIRECTOR, AIR FORCE REVIEW BOARDS AGENCY

SUBJECT:  Physical Disability Board of Review Recommendation on Case Number PD-2018-00223

	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 Air Force.  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, Munitions Systems Craftsman, medically separated for “spinal fusion, L4-S1 for degenerative disc disease” with a disability rating of 10%  which the PEB coded 5241 (spinal fusion).  The VA also rated the back condition 10%, coded 5237 (lumbar spine strain), based on the Compensation and Pension examination, citing VASRD criteria for a 10% using the General Rating Formula for Diseases and Injuries of the Spine.  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) and combined range of motion (ROM) (greater than 120 degrees but not greater than 235 degrees), as reported on the January 2006 phyical therapy and VA examinations.  Although examinations in the service treatment record reported ROM in descriptive terms and not in degrees, sufficient information was provided for the panel to determine the CI’s ROM met the threshold for a 10% rating at separation and this was consistent with the VASRD-compliant ROM documented at the post-separation VA 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 documentation of intervertebral disc syndrome with incapacitating episodes following the fusion surgery 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.  

In the matter of the contended irritable bowel syndrome and migraine headaches, the panel’s main charge is to assess the fairness of the PEB determination that the contended conditions were not unfitting.  The contended conditions were not profiled or implicated in the commander’s statement, and did not fail retention standards.  There was no performance-based evidence from the record that either of the conditions significantly interfered with satisfactory duty performance at separation.  After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for either of the contended conditions, so no additional disability ratings are recommended.  

SAF/MRB
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

Dear XXXXXXXXXX

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2018-00223.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no rating modification or re-characterization of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that modification of your disability rating or characterization of your separation is not warranted.  Accordingly, I accept the recommendation that your application be denied.