RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  ARMY 
SEPARATION DATE:  20050228 

 
NAME:  XXXXXXXXXXXXXXXXX 
CASE NUMBER:  PD1101075 
BOARD DATE:  20121002 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an  active duty SGT/E-5 (42A/Personnel Administration), medically 
separated for chronic right foot pain secondary to plantar fasciitis.  The CI developed chronic 
right foot plantar fasciitis that did not improve adequately with treatment. The CI was unable to 
meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical 
fitness standards.  He was issued a permanent L3 profile and referred for a Medical Evaluation 
Board (MEB).  Prostatitis and scrotal cellulitis, identified in the rating chart below, were also 
identified and forwarded by the MEB.  An initial Physical Evaluation Board (PEB) adjudicated the 
chronic right foot pain secondary to plantar fasciitis as unfitting, rated 0%.  The other conditions 
referred to the PEB by the MEB, prostatitis and scrotal cellulitis, were both adjudicated as not 
unfitting.  The  CI  then  requested  to  remain  on  active  duty  and  his  permanent  profile  was 
changed to an L2.  On 9 November 2004, an Informal Reconsideration PEB determined he was 
fit for duty.  However, he did not concur with this finding.  He had just found out that he did not 
meet  the  retention  standards  of  his  MOS  and  he  would  have  to  reclassify.    He  asked  to  be 
released from active duty, a second Informal Reconsideration PEB determined on 23 November 
2004 that the chronic right foot pain secondary to plantar fasciitis was unfitting, and he was 
separated with a 0% disability rating with possible application of the US Army Physical Disability 
Agency (USAPDA) pain policy.   
 
 
CI CONTENTION:  “At the time of my separation I could not pursued for help for what I was 
feeling, but I had to get out of the military I did not care if I only had four years to retired. The 
thought of death had taking over me and believing my future could be jeopardize if I would tell 
someone  about  me  mental  condition,  it  was  the  worst  mistake  because  my  life  did  not  get 
better it got worst, and even though I got my disability from VA at this point it has taking me 
almost 3 months to have the courage to submit this application, I am not doing it for me, but 
for my children in the event I don't leave to see them grow they will be taking care of.”   
 
 
SCOPE OF REVIEW:  The Board wishes to clarify that the scope of its review as defined in the 
Department of Defense Instruction (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  CI  contends  to  add  his  mental  illness  as  an  unfitting  condition.  However,  this 
condition was not identified or adjudicated by the PEB and is outside the scope of the PDBR.  
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  Army  Board  for 
Correction of Military Records. 
 
 
 

 
RATING COMPARISON:   

 

Service Recon IPEB – Dated 20041123 
Condition 

Code 

Rating 

VA (1 Month Post-Separation) – All Effective Date 20050301 
Exam 

Condition 

Rating 

Code 

Chronic Right Foot Pain  
Secondary to Plantar 
Fasciitis 
Prostatitis 
Scrotal Cellulitis 

5399-5310 

0% 

Not Unfitting 
Not Unfitting 

Pes Cavus with Plantar 
Fasciitis Right Foot 
Prostatitis 
Scrotal Cellulitis with 
Bowenoid Papulosis 

5278 

7527 

7899-7822 

10% 

0%* 
0% 

20041214 

20041214 
20041214 
20041214 

↓No Additional MEB/PEB Entries↓ 

0% x 1 other 

Combined:  0% 

Combined:  10%** 

*Increased to 10% with combined rating increased to 20% effective 20060403. 
**Increased to 80% effective 20101029 when PTSD 9411 added at 70%. 
 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed in the CI’s application 
regarding  the  significant  impairment  with  which  his  service-incurred  condition  continues  to 
burden  him.    The  Board  acknowledges  the  CI’s  contention  that  suggests  ratings  should  have 
been conferred for other conditions documented in the medical record.  The Board wishes to 
clarify that it is subject to the same laws for service disability entitlements as those under which 
the Disability Evaluation System (DES) operates.  While the DES considers all of the member's 
medical  conditions,  compensation  can  only  be  offered  for  those  medical  conditions  that  cut 
short a member’s career, and then only to the degree of severity present at the time of final 
disposition.  However the Department of Veteran Affairs (DVA), operating under a different set 
of  laws  (Title  38,  United  States  Code),  is  empowered  to  compensate  all  service-connected 
conditions  and  to  periodically  reevaluate  said  conditions  for  the  purpose  of  adjusting  the 
Veteran’s disability rating should his degree of impairment vary over time.  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 6040.44, however, resides in evaluating the fairness of DES fitness 
determinations  and  rating  decisions  for  disability  at  the  time  of  separation  and  is  limited  to 
conditions adjudicated by the PEB as either unfitting or not unfitting.  Post-separation evidence 
therefore  is  probative  only  to  the  extent  that  it  reasonably  reflects  the  disability  and  fitness 
implications at the time of separation. 
 
Chronic Right Foot Pain secondary to Plantar Fasciitis Condition.  The CI was first seen for right 
foot  pain  in  July  2003.    He  was  treated  conservatively  and  initially  responded  to  treatment.  
However,  his  right  foot  pain  was  aggravated  by  prolonged  standing  and  physical  activity  in 
January 2004.  Despite continued treatment including orthotics and activity restriction, he did 
not improve.  He was issued a permanent profile and referred for a medical board.  An MEB 
narrative summary (NARSUM) performed on 15 September 2007 noted decreased dorsiflexion 
and  plantar  flexion  of  the  ankles  bilaterally  with  normal  motor  strength  bilaterally.    He  had 
pinpoint tenderness to the  origin of  the  medial two-thirds  of  the plantar  medial  and plantar 
fascial ligament in the right foot.  Plain films of the right foot were normal.  At the time of the 
exam he was taking naprosyn and using a night splint.  The results of the VA Compensation and 
Pension (C&P) exam performed on 15 December 2004 are not available in the chart.  However 
the VA rating decision performed on 7 March 2005 contains sufficient information about the 
clinical history and physical examination for the Board to determine an appropriate rating.  The 

CI had pes cavus with tenderness to palpation over the plantar arch on the plantar surface with 
normal metatarsals and heel on the right foot. 
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB rated the condition analogous to a muscle injury and applied a 0% disability rating, possibly 
applying the USAPDA pain policy.  It is not clear why the PEB used a muscle injury code when 
typically plantar fasciitis is rated analogously to 5020 Synovitis.  The VA diagnosed pes cavus as 
well as plantar fasciitis and rated the condition at 10% under 5278 Pes cavus.  While the CI may 
have  had  a  night  arch,  pes  cavus  was  never  documented  in  the  medical  treatment  record.  
However, rating analogous to the pes cavus code appears to be a reasonable way to rate this 
CI’s condition.  After due deliberation, considering all of the evidence and mindful of VASRD 
§4.3 (reasonable doubt), the Board recommends a disability rating of 10% for the chronic right 
foot pain secondary to plantar fasciitis 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.  As discussed above, PEB 
reliance on the USAPDA pain policy for rating the right foot condition was possibly operant in 
this case and the condition was adjudicated independently of that policy by the Board.  In the 
matter  of  the  chronic  right  foot  pain  secondary  to  plantar  fasciitis  condition,  the  Board 
unanimously  recommends  a  disability  rating  of  10%,  coded  5299-5278  IAW  VASRD  §4.71a.  
There were no other conditions within the Board’s scope of review for consideration.   
 
 
RECOMMENDATION:  The Board recommends that the CI’s prior determination be modified as 
follows, effective as of the date of his prior medical separation:   
 

VASRD CODE  RATING 
5299-5278 
COMBINED 

10% 
10% 

           XXXXXXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

Right Foot Plantar Fasciitis 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20111110, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 
 

 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB  ), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation  
for XXXXXXXXXXXXXXXXXXXXXX, AR20120018941 (PD201101075) 
 
 
1.  I have reviewed the enclosed Department of Defense Physical Disability Board of Review 
(DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.  
Under the authority of Title 10, United States Code, section 1554a,   I accept the Board’s 
recommendation to modify the individual’s disability rating to 10% without recharacterization 
of the individual’s separation.  This decision is final.   
 
2.  I direct that all the Department of the Army records of the individual concerned be corrected 
accordingly no later than 120 days from the date of this memorandum.    
 
3.  I request that a copy of the corrections and any related correspondence be provided to the 
individual concerned, counsel (if any), any Members of Congress who have shown interest, and 
to the Army Review Boards Agency with a copy of this memorandum without enclosures. 
 
 BY ORDER OF THE SECRETARY OF THE ARMY: 
 
 
 
 
Encl 
 
 
 
CF:  
(  ) DoD PDBR 
(  ) DVA 
 

     XXXXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)