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-2019-00245

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 Navy. 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 E6, Gunner’s Mate, medically separated for “degenerative disc disease of the lower back]” with a disability rating of 20%. The PEB rated the back condition 20%, coded 5243 (intervertebral disc syndrome (IVDS)), and listed “left SI joint dysfunction,” “myofascial pain/piriformis syndrome” and “chronic lower back pain,” as related Category II conditions. However, these diagnoses were part and parcel of the unfitting back condition, thus, any related disabilities were properly subsumed in the rating for the primary condition to avoid pyramiding (VASRD §4.14). The VA also rated the back condition 20%, coded 5243, based on the service treatment record, citing thoracolumbar flexion greater than 30 degrees, but not greater than 60 degrees. Although the range of motion study most proximate to separation only supported a 10% rating for limitation of motion, a rating less than that adjudicated by the PEB cannot be recommended. 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 concluded there was insufficient cause to recommend a change in the PEB adjudication for the back condition.

DEPARnmNT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KEHNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

II! REPLY REFER TO ,
1850
CORB: 003
10 Sep 20

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

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 of no 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.