RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2018-00563 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20040915

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Engineer Assistant and Correctional Specialist, medically separated for “L5/S1 herniated nucleus pulposus (HNP)” with a disability rating of 10%.

CI CONTENTION: Review of all conditions requested. The complete submission is at Exhibit A.

SCOPE OF REVIEW: The panel’s scope of review is defined in DoDI 6040.44. It is limited to review of disability ratings assigned to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the Medical Evaluation Board (MEB), but determined by the PEB to be not unfitting or non-compensable. Any conditions outside the panel’s defined scope of review, and any contention not requested in this application, may remain eligible for future consideration by the Board for Correction of Military Records. The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate. The panel gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of disability at the time of separation.

RATING COMPARISON:

SERVICE PEB - 20040707	VARD - 20041117	
Condition	Code	Rating	Condition	Code	Rating	Exam	
L5/S1 HNP	5243	10%	Residuals, Lumbar Spine Herniated Disc L5-S1	5243	20%	20040720	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 60%	

ANALYSIS SUMMARY:

L5/S1 HNP. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s back condition began in 1999 after a motor vehicle accident. MRI studies in 2002 and 2003 both showed small to moderate L5/S1 central HNP. The range of motion (ROM) study on  6 February 2003 showed flexion of 70 degrees and combined ROM of 220 degrees after repetition. The 30 April 2004 MEB NARSUM examination, 5 months prior to separation, noted persistent pain from standing for long periods. Physical examination showed no deformities or tenderness. During the 8 June 2004 MEB examination (recorded on DD Forms 2807-1 and 2808), the CI reported back pain from standing for long periods of time. Physical examination revealed L4-S1 tenderness.

At the 20 July 2004 VA Compensation and Pension (C&P) examination, 2 months before separation, the CI reported aching, sharp and shooting back pain when climbing stairs or standing more than 30 minutes. On examination, the spine was normal appearing, with muscle spasms in lower back. The ROM examination showed flexion of 60 degrees and combined ROM of 210 degrees after repetition. Lumbosacral X-ray the same days was normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the back condition 10%, coded 5243 (intervertebral disc syndrome [IVDS]). The VA rated the back condition 20%, coded 5243, based on the C&P examination, citing forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. The panel agreed that a 20% rating, but no higher, was justified for limitation of flexion (greater than 30 degrees but not greater than 60 degrees) as reported on the VA examination. There was no documentation of IVDS 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 recommends a disability rating of 20% for the back condition, coded 5243.

BOARD FINDINGS: In the matter of the back condition, the panel recommends a disability rating of 20%, coded 5243 IAW VASRD §4.71a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
L5/S1 Herniated Nucleus Pulposus	5243	20%	

2	PD-2018-00563

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

IN REPLY REFER TO:
1850
CORB:003 12 Oct 20

From: To:

Subj:

Ref:

Director, Secretary of the Navy Council of Review Boards 
PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)

(a) DoDI 6040.44
(b)	PDBR ltr of 29 May 20
(b)	

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy for appropriate action.

2.	On 7 October 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) took action in your case by accepting the recommendation of the PDBR. Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Department of the Navy Physical Evaluation Board (PEB) from 10% to 20% without re-characterization of your discharge.

3.	For your information, since all disability ratings from 0% to 20% qualify for disability severance pay, the above stated increase will not result in your entitlement to additional compensation.

4.	

The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, has been forwarded to the office of the Deputy Commandant, Manpower and Reserve Affairs, for appropriate changes to your personnel records and notification to you upon completion.