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 XXXXXXXXXXXX Case Number PD-2018-00469

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, Electronics Technician, medically separated for “C6-7 nerve root injury” with a disability rating of 20%. The PEB coded the condition 8512 (paralysis of lower radicular group), for mild incomplete paralysis. The VA rated the herniated discs with brachial nerve injury condition 40%, coded 8510 (upper radicular group neuralgia), based on the Compensation and Pension examination, citing “findings at VA exam with examiner’s statement that the condition caused moderate degree of functional impairment, which supports a 40% evaluation.” Panel members agreed, the 20% rating and no higher was justified for the nerve root condition. The higher rating of 40% (dominant hand) requires demonstration of moderate degree of impairment of function. The narrative summary, 7 months before separation, showed normal muscle strength in the right upper extremity and the wrist extensor and flexor muscles, but a decrease in strength of 4/5 in the intrinsic hand muscles.
Sensation was diminished in the C7 distribution. The neurology examination, 4 months before separation, documented mild weakness due to decrease in muscle bulk, and decreased sensation in the C6 distribution. At the VA neurology examination one year after separation, the CI noted some weakness and trouble using screwdrivers, twisting his hand and holding utensils, but objective findings were normal motor and sensory examinations. The panel acknowledged the VA findings that led to the higher rating was based on the general medical examination and not the neurological examination administered on the same day. Panel members agreed, the VA neurological examination would have provided greater probative value in the rating of this condition. Panel members concluded, based on the evidence, the higher rating for moderate impairment was not supported. Panel members also agreed, a higher rating was not supported under the 8510 code and there were no additional codes to consider that would result in 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 nerve root injury condition.

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPL'i 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.