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 XXXXXXXXXXX Case Number PD-2021-00010

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 E2, Rifleman, medically separated for “low back pain” and “left lumbar radiculopathy,” rated 10% each, with a combined disability rating of 20%. The PEB rated the back condition 10%, coded 5242 (degenerative arthritis of the spine), and listed L4-L5 and L5-S1 degenerative disc disease with protrusion as a Category II diagnosis, which is intrinsic to the rated condition. A separate rating for this related condition cannot be supported without pyramiding (VASRD §4.14), and thus, it was appropriately subsumed under the back rating. The VA also rated the back condition 10%, coded 5242, based on the Compensation and Pension examination, citing thoracolumbar flexion 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. Although a neurological examination showed flexion limited to 50 degrees, the panel agreed that the VA examination carried the greatest probative value for rating as it was closer to separation and more thorough (included combined ROM). There was no evidence that supported a 20% rating for muscle spasm or guarding causing abnormal gait or spinal contour.

The PEB rated the left lumbar radiculopathy 10%, dual coded 5243-8720 (intervertebral disc syndrome causing neuralgia of the sciatic nerve). The VA did not rate the radiculopathy, but rather included any disability from the condition in the low back rating. As noted, the VA examination provided the greatest probative value, and showed a normal gait and sensation without lower extremity motor weakness. Thus, a 0% rating was appropriate given the normal neurological findings. Even though a 10% combined rating was recommended, the panel may not lower a rating adjudicated by the PEB.

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 back 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:	XXXXXXXXXXXXX

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.