SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE DIRECTOR, ARMY REVIEW BOARDS AGENCY 

SUBJECT:  Physical Disability Board of Review Recommendation on XXXXXXXXXXXXXX
	Case Number PD-2020-00140

	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 Army.  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, Military Police Dog Handler, medically separated for “T11-12 mild right paracentral disc protrusion without motor neurologic deficits” with a disability rating of 10%.  The PEB rated the thoracolumbar spine condition 10%, coded 5243 (intervertebral disc syndrome), citing localized tenderness and normal range of motion (ROM) measurements (source for the latter not clear since the date of the PEB decision preceded the VA examination).  The VA conferred the same rating under the same code, based on the Compensation and Pension examination and citing localized tenderness (a 10% criterion of the VASRD §4.71a spine rating formula).  Although the service physical therapy evidence would have supported a 20% rating (flexion greater than 30 degrees but not greater than 60 degrees), it was insufficiently probative as it was more temporally remote from separation (13 months) and not compliant with VASRD §4.46 (accurate measurement), which stipulates measurements by a goniometer.  Thus, based on the VASRD-compliant VA examination shortly before separation, there was no evidence for ROM limitation that would justify a rating higher than 10%.  Additionally, there was no evidence for abnormal gait or spinal contour that would warrant the next higher 20% rating; and no documentation of 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 thoracolumbar spine condition.  

	AR20210005019, 

Dear XXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.