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 XXXXXXXXXXXXX
	Case Number PD-2018-00578 

	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 E3, Security Forces Apprentice, medically separated for “chronic low back pain status post (s/p) right partial hemilaminectomy and diskectomy at L3-4” with a disability rating of 20%.  The PEB coded the back condition 5243 (intervertebral disc syndrome [IVDS]), citing VASRD criteria.  The VA rated the low back condition as not service connected commenting that the CI failed to attend the scheduled Compensation and Pension examination.  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 recorded on the physical therapy examination 5 months before separation.  There was no evidence of IVDS which resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration of rating under the alternate VASRD formula for that condition.  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 low back condition.  

In the matter of the contended osteoarthritis of the right hip.  The MEB sent “lower back and hip pain” to the PEB where the PEB simply adjudicated ‘chronic low back pain, status post … previously noted surgical intervention.”  The panel’s main charge is to assess the fairness of the PEB’s implied determination that the contended condition was not unfitting.  Specifically, the right hip condition was not profiled or implicated in the commander’s statement.  Although “hip pain” was listed on the MEB, and thus indicated as failing retention standards, the review of the records did not reveal any performance-based evidence that the right hip condition significantly interfered with satisfactory duty performance at, or near separation.  Therefore, after due deliberation, the panel concluded that there was not a preponderance of evidence to overturn the PEB’s (implied) not unfitting condition and therefore, no additional disability rating is recommended.  

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

Dear Mr. XXXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2018-00578.

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.