RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

                                                                BRANCH OF SERVICE:  NAVY 
SEPARATION DATE:  20070807 

 
NAME:    
CASE NUMBER:  PD1100714 
BOARD DATE:  20121119 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty AC1/E-6 (AC1/Air Controlman First Class), medically 
separated  for  right  anterior  ankle  impingement.    The  condition  began  as  a  consequence  of 
injury in 2005.  The CI did not improve adequately to rehabilitative treatment and was unable 
to meet the physical requirements of his rating or satisfy physical fitness standards.  He was 
placed  on  limited  duty  (LIMDU)  and  referred  for  a  Medical  Evaluation  Board  (MEB).    Other 
congenital deformities of feet, other specified disorders of ankle and foot joint, loose body in 
joint and unspecified arthropathy involving ankle and foot, identified in the rating chart below, 
were  also  identified  and  forwarded  by  the  MEB.    The  Physical  Evaluation  Board  (PEB) 
adjudicated  the  right  anterior  ankle  impingement  condition  as  unfitting,  rated  20%  with 
application  of  the  Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    Possible  ankle 
loose body, possible talonavicular arthrosis and right gastroequinus versus possible triceps sural 
equinus  were  included  as  related  Category  II  diagnoses.    The  CI  made  no  appeals,  and  was 
medically separated with a 20% disability rating. 
 
 
CI CONTENTION:  “When I first got out of the military, the VA clinic in Ft Myers, FL, told me that 
I should have been military retired, due to the fact that I have an orthopedic condition.  Every 
day, I wake up and I am in pain.  Some days the pain goes away over time, throughout the day.  
A lot of days, the pain stay in my ankle, foot region.  Now, not only is it my original right ankle 
area in pain, but both of my feet.  My right foot because, I have to walk differently, because my 
foot will not bend correctly in the ankle joint.  Since I walk differently on my right foot, my left 
foot is in pain.  I have arthritis in both of my feet and right ankle region.  I have back and sciatica 
pain.  I have been to the doctor numerous times for treatment.  I have been issued orthotics 
from a podiatrist at the VA clinic.  An order was put in for a prosthetic brace, but we could not 
get  one  exactly  right,  to  help  with  the  pain.    I  have  had  several  cortisone  shots  in  the  right 
foot/ankle region.  An MRI was done and showed fluid on my right foot I ankle region. I recently 
resigned  from  my  job  as  an  air  traffic  controller.    I  resigned  for  personal  reasons.    My  job 
required me to stand for long periods of time.  My ankle and feet were enduring a lot of pain.  I 
feel that I should be medically retired because, the only training that I have is air traffic control.  
I  have  tried  to  do  other  types  of  jobs  and  just  could  not  handle  the  pain  that  the  stress  of 
working on my feet endured.  I gave the Navy almost 12 years, I would be over 16 years now.  I 
had every intention of retiring so that I could get a pension from the US Navy.  The Navy was 
the greatest career that I have had ever or will have.  If there was any chance that I could go 
back in, I would.” [sic] 
 
 
SCOPE OF REVIEW:  The Board wishes to clarify that the scope of its review as defined in DoDI 
6040.44, Enclosure 3, paragraph 5.e.(2) is limited to those conditions which were determined 
by the PEB to be specifically unfitting for continued military service; or, when requested by the 
CI, those condition(s) “identified but not determined to be unfitting by the PEB.”  The ratings 
for unfitting conditions will be reviewed in all cases.  The right ankle condition requested for 
consideration  meets  the  criteria  prescribed  in  DoDI  6040.44  for  Board  purview,  and  is 
accordingly addressed below.  The bilateral foot pain and low back with sciatica pain conditions 
are  not  within  the  Board’s  purview.    Any  conditions  or  contention  not  requested  in  this 

application, or otherwise outside the Board’s defined scope of review, remain eligible for future 
consideration by the Board for Correction of Naval Records. 
 
 
RATING COMPARISON:   
 

Service PEB – Dated 20070503 

VA (3 Mos. Pre-Separation) – All Effective Date 20070808 

Condition 

Code 

Rating 

Exam 

Condition 

Right Ankle Impingement 
Loose Body in Ankle  
Talonavicular Arthrosis 
Right Gastroequinus 

Code 
5262 

Rating 
20% 

Cat 2 
Cat 2 
Cat 2 

No Additional MEB/PEB Entries 

Combined:  20% 

Right Ankle Sprain 

5003-5271 

10%* 

20070531 

Cervical Spine Sprain 
Tinnitus 
Right Hand Arthritis 

5220-5003 
0% X 3 / Not Service-Connected x 5 

Combined:  30% 

5237 
6260 

10% 
10% 
10% 

20070531 
20070530 
20070531 
20070531 

*Initial VA decision rated at 0%; 20120202 decision increased to 10% effective 20070808 
 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed in the CI’s application 
regarding  the  significant  impact  that  his  service-incurred  condition  has  had  on  his  current 
earning ability and quality of life.  It is a fact, however, that the Disability Evaluation System 
(DES)  has  neither  the  role  nor  the  authority  to  compensate  members  for  anticipated  future 
severity or potential complications of conditions resulting in medical separation.  This role and 
authority  is  granted  by  Congress  to  the  Department  of  Veterans  Affairs  (DVA).    The  Board 
utilizes  DVA  evidence  proximal  to  separation  in  arriving  at  its  recommendations;  and,  DoDI 
6040.44 defines a 12-month interval for special consideration to post-separation evidence.  The 
Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES 
fitness  determinations  and  rating  decisions  for  disability  at  the  time  of  separation.    Post-
separation  evidence  therefore  is  probative  only  to  the  extent  that  it  reasonably  reflects  the 
disability and fitness implications at the time of separation. 
 
Right Anterior Ankle Condition.  An inversion injury to the right ankle while playing basketball in 
September 2005 caused ongoing ankle pain.  Magnetic resonance imaging (MRI) performed in 
January  2006  revealed  likely  ankle  ligament  tears.    X-rays  and  CT  scanning  confirmed  the 
presence  of  osteophytes  and  other  degenerative  changes  of  the  ankle  that  interfered  with 
ankle motion.  While physical therapy and injections were partially and temporarily helpful, the 
CI declined a surgical option.  There were two range-of-motion (ROM) evaluations in evidence, 
with  documentation  of additional  ratable  criteria,  which  the  Board  weighed  in  arriving  at  its 
rating recommendation; as summarized in the chart below. 
 

Right Ankle ROM 

NARSUM ~4 Mo. Pre-Sep 

VA C&P ~2 Mo. Pre-Sep 

Dorsiflexion (0-20⁰) 
Plantar Flexion (0-45⁰) 

Comment 

§4.71a Rating 

-10⁰ 

Not specified 

Plantar strength normal 

20% 

10⁰ 
30⁰ 
-- 
10% 

         

 
At the narrative summary (NARSUM) exam 4 months prior to separation, the CI reported pain in 
the  anterior  aspect  of  his  ankle  and  along  his  Achilles  tendon  that  was  worsened  with 
prolonged standing or walking.  Morning stiffness also occurred.  There were no symptoms of 
instability.  The examination described the presence of blocking of anterior ankle motion when 
attempting to dorsiflex the foot.  Ligament stability was confirmed.  Pes planus (flat feet) was 
also noted.  Ankle strength, including plantar flexion, was normal except for slight weakness of 

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eversion.  At the VA Compensation and Pension (C&P) exam 2 months prior to separation, the 
CI reported intermittent ankle pain produced by physical activity and relieved by rest or anti-
inflammatory  medicine.   The  condition  prevented  running  and  other  cardiovascular  exercise.  
Examination  revealed  a  normal  gait  without  use  of  assistive  devices.    There  was  no  ankle 
deformity or ankylosis.  Repetition did not result in additional limitation of motion.  Ankle X-
rays were normal. 
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB assigned a 20% rating under the 5262 code (impairment of tibia or fibula, with moderate 
ankle  disability).    The  VA’s  initial  0%  rating  under  a  5003-5271  code  (arthritis;  limited  ankle 
motion)  was  later  increased  to  10%  with  the  acknowledgment  that  §4.59  (painful  motion) 
should have been applied.  Because the VA exam provided more detailed information pertinent 
to rating than the NARSUM exam, for example plantar flexion and gait, it was assigned higher 
probative  value.    Board  members  noted  that  a  20%  rating  is  the  highest  possible  under  the 
5271 code, and that the VA exam did not justify a rating higher than 20% under the 5262 code.  
Board  members  also  agreed  that  the  related  Category  II  diagnoses  (possible  loose  body, 
possible talonavicular arthrosis, and right gastroequinus versus possible triceps sural equinus) 
were  properly  subsumed  by  the  PEB  under  the  unfitting  ankle  condition.    After  due 
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the 
Board  concluded  that  there  was  insufficient  cause  to  recommend  a  change  in  the  PEB 
adjudication for the right anterior ankle impingement condition. 
 
 
BOARD FINDINGS:  IAW DoDI 6040.44, provisions of DoD or Military Department regulations or 
guidelines relied upon by the PEB will not be considered by the Board to the extent they were 
inconsistent  with  the  VASRD  in  effect  at  the  time  of  the  adjudication.    The  Board  did  not 
surmise  from  the  record  or  PEB  ruling  in  this  case  that  any  prerogatives  outside  the  VASRD 
were  exercised.    In  the  matter  of  the  right  anterior  ankle  impingement  condition  and  IAW 
VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication.  There 
were no other conditions within the Board’s scope of review for consideration. 
 
 
RECOMMENDATION:  The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows: 
 

UNFITTING CONDITION 

VASRD CODE  RATING 

5262 

COMBINED 

20% 
20% 

Right Anterior Ankle Impingement 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20110830, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 

  
           President 
           Physical Disability Board of Review 

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MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL 
                                  OF REVIEW BOARDS  
 
Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 
 
Ref:   (a) DoDI 6040.44 
             (b) CORB ltr dtd 18 Dec 12 
 
      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, 
for the reasons provided in their forwarding memorandum, approve the recommendations of 
the PDBR that the following individual’s records not be corrected to reflect a change in either 
characterization of separation or in the disability rating previously assigned by the Department 
of the Navy’s Physical Evaluation Board: 
 
                   

-    former USN  
-    former USN  
-    former USMC 

  
     
 
 
 
 
 
 
 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

    
  Assistant General Counsel 
  (Manpower & Reserve Affairs) 

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