DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
XXXXXXXXXXXXX
XXXXXXXXXXXXX

MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXX Case Number PD-2021-00045

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 E3, Machine Gunner, medically separated for “chronic regional pain syndrome to the left buttock” with a disability rating of 10%. The PEB rated the condition 10%, analogously coded 8799-8725 (neuralgia), and listed “shrapnel injury to the left buttock,” as a related Category II condition, which contributed to the primary diagnosis but could not be reasonably justified as separately unfitting; nor was a separate rating achievable without violation of VASRD §4.14 (avoidance of pyramiding). While a 10% rating was justified for the pain condition IAW VASRD §4.59, the panel considered whether a higher rating of 20% (moderate disability) was warranted under code 8520 (sciatic nerve-paralysis). However, an an electromyogram in April 2006 showed a normal left sciatic nerve, and a May 2006 neurology examination, recorded full left hip motor strength, no muscle atrophy or motor limitation, and no CI reports of functional difficulties. Other VASRD nerve and analogous codes were considered, but all were less applicable and not advantageous for rating. 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 chronic left buttock pain.

Sincerely,

Attachments:
Exhibit A. DD Form 294, dated 20210326, w/atchs Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Record

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
7 March 2022

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

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 3 March 2022, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) accepted the 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.