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-2019-00076

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 an active duty E5, Assault Amphibious Vehicle Crewman, medically separated for “status post a T11 anterior compression fracture” with a disability rating of 10%. The PEB rated the back condition 10%, coded 5235 (vertebral fracture or dislocation), and listed “posttraumatic low thoracolumbar back pain” as a Category II condition that contributed to the disability in this case. This related diagnosis was not a separate condition which could be rated IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). The VA rated the back condition 40%, coded 5235, based on the Compensation and Pension examination, citing flexion of 30 degrees or less. It was noted that the VA examiner recorded thoracic and lumbar range of motion (ROM) separately, and then totaled flexion to “almost” 60 degrees with a combined ROM of 290 degrees, limited by pain. The ROM measurements and physical findings from the MEB examination showed tenderness, flexion to 90 degress, and combined ROM of 170 degrees, and thus carried greater probative value for rating because they were VASRD compliant. A 10% rating, but no higher, was justified for tenderness and combined ROM greater than 120 degrees but not greater than 235 degrees. There was no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour for the next higher 20% rating, and no evidence of intervertebral disc syndrome with incapacitating episodes which warranted a higher rating under that formula. 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 back condition.

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

IN REPLY REFER TO:
1850
CORB: 003
10 Sep20

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

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.