DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
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MEMORANDUM FOR THE DIRECTOR, ARMY REVIEW BOARDS AGENCY
SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXX Case Number PD-2021-00043

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 E5, Watercraft Engineer, medically separated for “lumbosacral strain” with a disability rating of 20%. The PEB rated the back condition 20%, coded 5237 (lumbosacral strain), citing tenderness and spasms with loss of lumbar lordosis. Range of motion (ROM) tests showed flexion to 15 degrees and extension to 16 degrees, with both measurements limited by pain. The VA rated the back condition 10%, coded 5237 (lumbosacral strain), based on the Compensation and Pension (C&P) examination, citing thoracolumbar flexion greater than 60 degrees but not greater than 85 degrees; or, combined ROM greater than 120 degrees but not greater than 235 degrees.  A 20% rating, but no higher, was justified for limitation of motion due to muscle spasm and guarding severe enough to result in an abnormal gait or spinal contour, as reported during the MEB physical therapy (PT) ROM examination. While the panel acknowledged a MEB PT ROM measurement showing flexion to 10 degrees, the severity of the CI’s spine pathology was not consistent with this degree of limitation. There was no evidence of ankyloses or surgical indication, and an MRI showed no evidence of herniation, nerve involvement, or significant canal narrowing; however, mild degenerative changes were documented. Panel members agreed that the presence of spasms had a major negative impact on ROM measurements at the time of the PT examination. There were no additional ROM measurements in the service treatment record, however, the C&P examination recorded flexion to 80 degrees, the absence of spasm, and no abnormality related to the back. There was no evidence of intervertebral disc syndrome which resulted in incapacitating episodes requiring physician-prescribed bed rest to warrant consideration of rating under that alternate VASRD 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 back condition.

Sincerely,

Attachments:
Exhibit A. DD Form 294, dated 20210216, w/atchs Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Record

2	PD-2021-00043

DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385
ARLINGTON, VA 22202-3531

AR20210017097, XXXXXXXXXXXX

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.

Sincerely,
1/18/2022

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