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 XXXXXXXXXXXXXXXXX
	Case Number PD-2020-00187

	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 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 covered individual (CI) was a Reserve E-5, Cannon Crewmember, medically separated for “chronic non-radiating low back pain” with a disability rating of 20% which the PEB coded 5237 (lumbar spine strain), citing decreased motion, tenderness, and no signs of radiculopathy.  The VA rated the low back condition 10%, coded 5242 (degenerative arthritis of the spine), based on the Compensation & Pension examination, citing thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, combined range of motion (ROM) of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees.  The panel agreed that a 20% rating, but no higher, was justified for limitation of flexion (greater than 30 degrees but not greater than 60 degrees) as reported on the MEB naarative summary (NARSUM), MEB consult, and VA examinations.  Although there was 30 degrees of flexion recorded during the MEB DD2808, the recording represented passive and not active ROM measurement, and was not consistent with the service treatment record.  There was no evidence of intervertebral disc syndrome which resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration of rating under the alternate VASRD formula for that condition.  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.  

	In the matter of the cervical spine degenerative disc disease, the condition was profiled as U2, and did not fail retention standards.  Although the condition was implicated in the commander’s statement, where the commander mentioned both the cervical and low back ROMs, and the CI reported performance limitations based on his neck and back, the profile allowed both upper and lower body weight training, walking and running at own pace and distance, and swimming at own pace and distance.  The NARSUM documented the CI’s chief complaint of low back pain.  His functional status and prognosis was only related to the back condition.  Panel members agreed there was not a preponderance of evidence to overturn the PEB’s decision.  After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition, so no additional disability rating is recommended.  

	In the matter of the bilateral shoulder impingement and hip bursitis, neither of these conditions were profiled or implicated in the commander’s statement, and neither failed retention standards.  There was no performance-based evidence from the record that either of the conditions significantly interfered with satisfactory duty performance at separation.  After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for either of the contended conditions, so no additional disability ratings are recommended.    

 AR20210008757

Dear XXXXXXXXXXXXXX 

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 XXXXXXXXXXX