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-2019-00363

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, Electrical Equipment Repairman, medically separated for “left shoulder pain” with a disability rating of 10%. The PEB rated the left shoulder condition 10%, analogously coded 5299-5003 (degenerative arthritis), and listed left upper extremity paresthesias as a related Category II diagnosis. The VA rated the left shoulder condition 20%, analogously coded 5299-5201 (limitation of arm motion), based on the Compensation and Pension (C&P) examination, citing “additional findings of fatigue, weakness, lack of endurance and incoordination at the extremes of ROM [range of motion] along with functional limitations and asymptomatic scars.”

The Category II condition was not noted on limited duty forms or implicated in the non- medical assessment, and the C&P examination, most proximate to separation, showed that the left upper extremity numbness occurred intermittently on a monthly basis and only lasted for “minutes.” Thus, there was a preponderance of evidence in the service record which overcame
the presumption that the left upper extremity paresthesias were reasonably considered separately unfitting. Although there was insufficient limitation of motion to support a rating under code 5201, a 10% rating was justified with application of VASRD §4.59 (painful motion). The panel considered other VASRD shoulder and analogous codes, but all were less applicable and not advantageous for rating. 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 left shoulder condition.

DEPARTMENT OF THE NAVY
SECRETARY OF THE 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 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.