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 XXXXX 
	Case Number PD-2020-00158

	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 E4, Health Care Specialist, medically separated for “low back pain” with a disability rating of 10%.  The PEB rated the low back condition 10%, coded 5243 (intervertebral disc syndrome (IVDS)), citing forward flexion of 100 degrees with pain and no focal neurological deficits.  The VA also rated the low back condition 10%, coded 5243, based on the Compensation and Pension examination, citing forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees: or, combined range of motion (ROM) greater than 120 degrees but not greater than 235 degrees.  A 10% rating, but no higher, was justified for combined ROM as reported on all examinations proximate to separation.  There was no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, thus the next higher 20% rating was not justified on this basis.  Additionally, there was no evidence of IVDS that resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration under that alternate formula.  

Upon assessing the fairness of the PEB determination that the contended rectocele was not unfitting, it was noted that the condition was not profiled or implicated in the commander’s statement, and did not fail retention standards.  The CI underwent repair on 2 February 2006 and during the 16 February 2006 postoperative appointment, the examiner noted she was doing well.  There was no performance-based evidence from the record that the rectocele 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 low back condition; or the PEB fitness determination for the contended condition, so no additional disability rating is recommended.

AR20210005117, 

Dear XXXXX:

	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.
 
	A copy of this decision has been provided to the counsel you listed on your application; [name and address].