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  XXXXXXXX     Case Number PD-2020-00181

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 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 covered individual was an active duty E5, Military Policeman, medically separated for “left upper extremity [LUE] pain, weakness and paresthesia in the ulnar distribution” with a disability rating of 20% (mild), analogously coded 8599-8513 (mild incomplete paralysis of all radicular groups). There was no VA examination proximate to separation in evidence. The PEB listed thoracic outlet compression syndrome and venous obstruction of the LUE as related diagnoses (Category II) contributing to the disability in this case. However, panel members concluded these were not separate conditions which could be reasonably justified as separately unfitting; nor would separate ratings be achievable without violation of VASRD §4.14 (avoidance of pyramiding). Panel members agreed the neurological examination showed normal motor strength and NCV for the LUE condition, and evidence of moderate disability was not present. Although there was some slowing in the ulnar distribution in the axilla, the clinical interpretation was not clear. There was no evidence of muscle atrophy, and the only clinical finding was decreased sensation. There was no additional code that would result in a higher rating than the 20%. 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 LUE neurological 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
6040
CORB: 001
10 Aug 2021

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

Subj:	Physical Disability Board of Review Determination Ref:	(a) 6040.44(Series)
1.	The Physical Disability Board of Review (PBDR) reviewed your case in accordance with reference
(a) and forwarded their recommendation for action.

2.	On 9 June 2021, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) accepted the PDBR’s recommendation of no change to your characterization of separation or disability rating assigned.

3.	

The PDBR determination is final and not subject to appeal or review.