RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: BRANCH OF SERVICE: AIR FORCE
CASE NUMBER: PD0900129 COMPONENT: ACTIVE
BOARD DATE: 20090618 SEPARATION DATE: 20060609
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SUMMARY OF CASE: This covered individual (CI) was an Air Force Contracting SSgt medically separated in 2006 after over nine years of active service as well as time in the Air Force Reserves. He first had foot pain in 2002 and was diagnosed with bilateral plantar fasciitis in August 2004. He was treated with multiple types of treatment including, physical therapy, anti-inflammatory medications, custom orthotics, steroid injections, and narcotic pain medication. He initially responded to conservative therapy but his symptoms never fully resolved and eventually his pain increased. He was able to perform the functions of his job but could not deploy and was therefore referred for a fitness evaluation. The Air Force Informal Physical Evaluation Board (PEB) found him unfit for continued service with a combined rating of 20%. The CI appealed to the Formal PEB which found him fit for duty. He appealed this decision and the Air Force Personnel Council determined he was unfit. He was separated with a 20% disability rating for 5399-5310 Plantar fasciitis (10% for each foot with the bilateral factor added) using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force regulations. Using an evaluation done eleven months after separation from the Air Force, the Veterans Administration (VA) applied a different VASRD code, 5284-5020, but rated this disability at the same percentages as the Air Force. The VA also rated hypertension 7101 at 10%, hemorrhoids 7336 at 10%, and cystic acne 7899-7806 at 10% for a combined total of 40%. The CI contends that his rating should be increased because his condition is far more severe than the rating assigned.
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BOARD FINDINGS: IAW DoDI 6040.44, the Board used the Veteran’s Affairs Schedule of Rating Disabilities (VASRD) as the most favorable basis for rating. After careful consideration of all available information, the Board concluded that the CI’s condition is appropriately rated at a combined total of 20% for 5299-5284 Plantar fasciitis with heel pain, pes planus, hammer toes, and degenerative joint disease of first metatarsophalangeal joint (10% for each foot, right and left, and the bilateral factor). This rating is based on the characterization of the CI’s foot pain as moderate in both feet.
The single dissenting voter recommended adopting the VA rating 5299-5284 Right Plantar fasciitis at 20% (moderately severe) and 5299-5284 Left Plantar fasciitis at 10% (moderate) but elected not to submit a minority opinion.
Although the CI did not contend that the other conditions rated by the VA should also be rated, the Board examined these conditions and did not find any to be separately unfitting.
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RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation.
| Unfitting Condition | VASRD Code | Rating |
|---|---|---|
| Right plantar fasciitis with heel pain, pes planus, hammer toes, and degenerative joint disease of first metatarsophalangeal joint | 5299-5284 | 10% |
| Left plantar fasciitis with heel pain, pes planus, hammer toes, and degenerative joint disease of first metatarsophalangeal joint | 5299-5284 | 10% |
| Combined | 20% |
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The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20090209, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veteran's Affairs Treatment Record.
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