RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200976 SEPARATION DATE: 20021218 

BOARD DATE: 20130207 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty PV2/E-2 (13M10/Multiple Launch Rocket System 
Crewmember), medically separated for plantar fasciitis, with pain after running and standing. 
The CI could not be adequately rehabilitated 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). Major depressive disorder (MDD), 
alcohol abuse and pathological gambling conditions, identified in the rating chart below, were 
also identified and forwarded by the MEB. The Physical Evaluation Board (PEB) adjudicated the 
plantar fasciitis condition as unfitting, rated 10% IAW U.S. Army Physical Disability Agency 
Policy/Guidance Memorandum #12, dated 08 April 2002. The remaining conditions were 
determined to be not unfitting and therefore not rated. The CI made no appeals, and was 
medically separated with a 10% disability rating. 

 

 

CI CONTENTION: “Veteran received zero rating for disability that caused actual medical 
discharge from service (severe chronic plantar fasciitis). Veteran strongly disagrees with rating. 
Veteran received an unusually low rating (10%) for injury sustained from accident to upper 
back/shoulder region. Veteran strongly disagrees with these ratings. Both injuries are still 
prevalent.” 

 

 

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 plantar fasciitis condition requested 
for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is 
addressed below, in addition to a review of the ratings for the unfitting conditions. The other 
requested shoulder/back condition is 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 Army Board for Correction of Military 
Records. 

 

 

RATING COMPARISON: 

 

Service IPEB – Dated 20021112 

VA (3 Mos. Pre -Separation) – All Effective Date 20021219 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Plantar Fasciitis 

5399-5310 

10% 

Bilateral Plantar Fasciitis 

5276 

0% 

20020925 

Major Depressive Disorder 

Not Unfitting 

Mood Disorder 

9435 

NSC 

N/A 

Alcohol Abuse 

Not Unfitting 

No VA Entry 

Pathological Gambling 

Not Unfitting 

.No Additional MEB/PEB Entries. 

Migraine Headaches 

8100 

10% 

20020925 

Right Shoulder Strain 

5014 

10% 

20020925 

0% X 2 / Not Service-Connected x 1 

20020925 

Combined: 10% 

Combined: 20% 



 


ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit 
and vital fighting force. 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. The DES 
has neither the role nor the authority to compensate members for anticipated future severity 
or potential complications of conditions resulting in medical separation nor for conditions 
determined to be service-connected by the Department of Veterans Affairs (DVA) but not 
determined to be unfitting by the PEB. However the DVA, operating under a different set of 
laws (Title 38, United States Code), is empowered to compensate all service-connected 
conditions and to periodically re-evaluate said conditions for the purpose of adjusting the 
Veteran’s disability rating should the degree of impairment vary over time. The Board’s role is 
confined to the review of medical records and all evidence at hand to assess the fairness of PEB 
rating determinations, compared to VASRD standards, based on severity at the time of 
separation. 

 

Plantar Fasciitis Condition. According the MEB narrative summary dictated in August 2002, and 
the examination recorded in the MEB NARSUM, bilateral lower extremities had full range-of-
motion (ROM), and no edema, effusion, or muscle atrophy were present. The examination of 
the feet noted tenderness at the arch and ball of both feet to deep palpation. The arches of 
both feet appeared normal and there was no edema or induration noted. The CI’s gait was 
normal. The VA Compensation and Pension (C&P) exam performed 3 months prior to 
separation revealed a normal gait and stance, normal leg length, and no signs of abnormal 
weight-bearing on feet. The examiner noted that the examination of the feet revealed no 
abnormal motion, weakness, edema, atrophy of musculature, disturbed circulation, or 
tenderness. The smaller joints of the feet appeared normal and there was no tenderness, 
alignment issues, or pain on examination. There were no claw feet, hammer toes, hallus valgus 
or rigidus present, and no limited function of walking and standing. The lower extremity motor 
strength, sensation and deep tendon reflexes were all within normal limits. 

 

The Board directs attention to its rating recommendation based on the above evidence. There 
is not a specific code for plantar fasciitis. The PEB rated the bilateral plantar fasciitis condition 
10% rated analogously under a muscle code. The VA adjudicated a 0% percent rating 
analogously to code 5276 (acquired pes planus) based on the normal C&P examination. The 
rating criteria for acquired pes planus (5276) more nearly describes the CI’s condition of plantar 
fasciitis due to pes planus than the code selected by the PEB. Board members agreed that the 
CI’s condition did not approach the 30% rating for severe as described in the criteria under 
VASRD 5276 and more nearly approximated the mild (0%) than the moderate level (10%). The 
mild to moderate rating is for the condition whether it is bilateral or unilateral. The Board also 
agreed that the 0% rating under the analogous code used by the PEB was supported by the 
preponderance of evidence of the record including the C&P examination prior to separation. 
Similarly, consideration under the code for other foot injuries, diagnostic code 5284 did not 
attain the minimum 10% for moderate symptoms. Rating under other codes would result in no 
change in the rating higher than that adjudicated by the PEB. 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 (bilateral) 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. In the matter of the 
bilateral plantar fasciitis 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 

Plantar Fasciitis 

5399-5310 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120628, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for xxxxxxxxxxxxxxxxxx, AR20130005071 (PD201200976) 

 

 

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 and hereby deny the individual’s application. 

This decision is final. The individual concerned, counsel (if any), and any Members of 
Congress who have shown interest in this application have been notified of this decision 
by mail. 

 

 BY ORDER OF THE SECRETARY OF THE ARMY: 

 

 

 

 

Encl xxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)