RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXX	CASE: PD-2018-00580
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20021216

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E5, Boatswain’s Mate, medically separated for “cervical spondylosis” with a disability rating of 10%.

CI CONTENTION: No specific contention was made. 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 - 20021023	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Cervical Spondylosis	5299-5293	10%	No VA Examination in Evidence	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Cervical Spondylosis. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s neck condition began in November 2001 after falling and hitting his head while launching a boat. A cervical spine MRI performed in February 2002 showed a large herniated disk with an osteophyte complex at C3-4 centrally (intervertebral disk degeneration) impinging on the cord and possible foraminal tightness probably worsened by a congenital fusion at C2-3. Physical therapy, acupuncture, pain management and electrical stimulation did not provide long-term relief. Surgery was recommended, but the CI reasonably declined.

During a primary care visit on 16 January 2002, 11 months before separation, the provider recorded decreased neck range of motion (ROM) due to pain. Right rotation was decreased by “3/4”, and flexion and extension were “full.” At a physical therapy appointment one 24 June 2002, active neck ROM was documented as flexion with a check mark (for normal), extension at “50% ROM” without pain, right rotation with pain, decreased left rotation approximately “3/4,” and lateral flexion was not addressed. At the 19 July 2002 MEB NARSUM examination, the CI reported neck and trapezius pain exacerbated by lifting and repetitive motion, and that he occasionally wore a soft collar for comfort. Physical examination showed a normal gait and

tandem walk, and some right trapezius muscle tenderness; neck ROM was not addressed. There was no VA examination in evidence as the CI did not consent to release VA records.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the neck condition 10%, analogously coded 5299-5293 (intervertebral disk syndrome (IVDS)), with likely application of older VASRD code 5293 criteria, before 23 September 2002 changes, when rating criteria became based on incapacitating episodes. In accordance with DoDI 6040.44, the panel is required to recommend a rating IAW the VASRD in effect at the time of separation. Panel members agreed there was no evidence of incapacitating episodes (periods of acute signs and symptoms due to IVDS that require physician treatment and prescribed bed rest) to justify a higher rating under code 5293. Using code 5290 (spine, limitation of motion, cervical), the panel adjudged that the CI’s disability picture at separation most closely met a “moderate” (20%) limitation of cervical spine motion. Although there was a demonstrable vertebral body deformity due to C2-3 congenital fusion, there was no evidence of vertebral fracture for additional rating under code 5285 (vertebra, fracture of, residuals). Panel members considered alternative VASRD cervical spine and analogous codes, but all were less applicable and/or not advantageous to rating. 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 neck condition, coded 5290.

BOARD FINDINGS: In the matter of the neck condition, the panel recommends a disability rating of 20%, coded 5290, 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	
Cervical Spondylosis	5290	20%	

2	PD-2018-00580

DEPARTMENT 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 7 Apr 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 (PEE) 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 Navy Personnel Command for appropriate changes to your personnel records and notification to you upon completion.