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 Case Number PD-2019-00060

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 (CI) from the United States Marine Corps. 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 CI was a Reserve E5, Small Arms Repair Technician, medically separated for “right shoulder pain due to supraspinatus tendinosis with a partial tear” with a disability rating of 10%. The PEB rated the right shoulder condition 10%, dual coded 5024-5003 (tenosynovitis- degenerative arthritis), and listed acromioclavicular joint degenerative changes and subacromial subdeltoid bursitis as related Category II conditions that contributed to the disability in this case. These related diagnoses were not separate conditions which could be separately rated IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited).
The VA also rated the right shoulder condition 10%, but dual coded 5023-5024 (myositis ossificans-tenosynovitis), based on the Compensation and Pension examination, citing painful or limited motion of a major joint or group of minor joints or malunion of the clavicle or scapula.
Although there was insufficient limitation of motion to support a rating under code 5201 (arm limitation of motion), a 10% rating was justified with application of VASRD §4.59 (painful motion). Other VASRD shoulder and analogous codes were considered, but all were less applicable and/or not advantageous for rating.

Upon considering the fairness of the PEB determination that the contended right fifth metacarpal degenerative joint disease and bilateral knee pain due to patellofemoral pain syndrome were not unfitting, it was noted that the conditions were not listed on limited duty forms or implicated in the non-medical assessment, and did not fail retention standards. There was no performance-based evidence from the record that any of the conditions significantly interfered with satisfactory duty performance at separation.

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 right shoulder condition or the PEB fitness determination for any of the contended conditions, so no additional disability ratings are recommended.

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

IN REPLY REFER TO:
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To: XXXXXXXXXXXXX

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.