RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201091 SEPARATION DATE: 20020307
BOARD DATE: 20121205
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (71L/Administrative Specialist), medically
separated for chronic bilateral foot pain secondary to plantar fasciitis with underlying
congenital condition of pes planus. The CI reported experiencing bilateral heel/foot pain in
early 2000. She was placed on temporary profiles, provided with orthotics, and treated with
physical therapy and non-steroidal anti-inflammatory drugs (NSAIDs). She was then evaluated
and treated by Podiatry, but continued to experience foot pain. Her bilateral foot pain
condition could not be adequately rehabilitated and she was issued a permanent L3 profile and
referred for a Medical Evaluation Board (MEB). Tension headaches and hypertension
conditions, identified in the rating chart below, were also identified and forwarded by the MEB.
The Physical Evaluation Board (PEB) adjudicated the chronic bilateral foot pain secondary to
plantar fasciitis condition as unfitting, rated 0%. The PEB identified the underlying congenital
condition of pes planus but did not deduct for the final disability rating. The rating was
adjudicated with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).
The remaining conditions were determined to be not unfitting. The CI made no appeals, and
was medically separated with a 0% disability rating.
CI CONTENTION: Hypertension, Plantar Fasciitis, Tension Headache.
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 hypertension and tension headache
conditions as requested for consideration meet the criteria prescribed in DoDI 6040.44 for
Board purview; and, are addressed below, in addition to a review of the ratings for the unfitting
chronic bilateral foot pain secondary to plantar fasciitis condition. Any conditions or contention
not requested in this application, or otherwise outside the Boards defined scope of review,
remain eligible for future consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service PEB Dated 20020117
VA (4 Mos. Post-Separation) All Effective Date 20020308
Condition
Code
Rating
Condition
Code
Rating
Exam
Chronic Bilateral Foot Pain
Secondary to Plantar
Fasciitis with Underlying
Congenital Condition of
Pes Planus
5399-5310
0%
Bilateral Plantar Fasciitis
5299-5279
10%
20020709
Hypertension
Not Unfitting
Hypertension
7101
10%
20020710
Tension Headaches
Not Unfitting
Tension Headaches
8199-8100
0%
20020718
.No Additional MEB/PEB Entries.
Not Service-Connected x 5
Combined: 0%
Combined: 20%
ANALYSIS SUMMARY:
Chronic Bilateral Foot Pain Secondary to Plantar Fasciitis with Underlying Congenital Condition
of Pes Planus Condition. The narrative summary (NARSUM) notes a year history of bilateral
heel pain unrelieved by therapy and inserts (orthotics). Pain was increased with prolonged
standing or walking. Examination of the feet, 3 months prior to separation, indicated normal
vascular, skin, neurologic and muscle strength exams. The patient has noted pes planus
bilaterally that is asymptomatic. There was bilateral pain on palpation at the plantar, medial,
calcaneal tubercles bilaterally that increases with dorsiflexion. Range-of-motion (ROM) of the
ankle and foot was normal (
patient has full range of motion in all ankle and pedal joints
bilaterally.) Radiographs documented small bilateral Achilles spurs and bilateral os trigonum
(small uncommon sesimoid bone behind the ankle). The CIs entry physical in 1996
documented normal arches.
At the VA Compensation and Pension (C&P) exam performed 4 months after separation, the CI
reported episodic numbness in the feet, pain in the heels, and increased pain with inserts. Gait
was slow with complaint of heel pain. Exam documented normal skin and bilateral heel pad
tenderness compatible with plantar fasciitis. The examiner stated She does not have pes
planus.
The Board directs attention to its rating recommendation based on the above evidence. There
is no specific VASRD code for plantar fasciitis and rating must be accomplished analogously.
The PEB coded the condition analogous to 5310, Group X muscles at 0% (slight). They formally
considered the congenital pes planus and mad no deduction (EPTS Factor: UND). The VA did
not find any evidence of pes planus and rated the bilateral plantar fasciitis at 10% with
analogous coding to 5279 [Metatarsalgia, anterior (Mortons disease), unilateral, or bilateral] at
10%. Analogous coding under 5310 would be for each foot separately and must follow the
provisions of VASRD §4.73 (Schedule of Ratings-Muscle Injuries) and both §4.55 (Principles of
combined ratings for muscle injuries) and §4.56 (Evaluation of muscle disabilities) which focus
on traumatic muscle injuries. Analogous coding under 5276 [Flatfoot, acquired: (pes planus)]
was not supported by the evidence of the treatment record, the VA exam showing no pes
planus, or with consideration of §4.57 (Static foot deformities). The Board considered the CI's
underlying pathology, functional limits and bilateral foot tenderness with painful motion not
responsive to prolonged therapy would warrant alternative analogous coding to 5279 (5299-
5279).
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 bilateral foot pain
secondary to plantar fasciitis with underlying congenital condition of pes planus condition.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
were hypertension and tension headaches. The Boards first charge with respect to these
conditions is an assessment of the appropriateness of the PEBs fitness adjudications. The
Boards threshold for countering fitness determinations is higher than the VASRD §4.3
(reasonable doubt) standard used for its rating recommendations, but remains adherent to the
DoDI 6040.44 fair and equitable standard. None of these conditions were profiled; none
were implicated in the commanders statement; and, none were judged to fail retention
standards. All were reviewed by the action officer and considered by the Board. There was no
indication from the record that any of these conditions significantly interfered with satisfactory
duty performance. After due deliberation in consideration of the preponderance of the
evidence, the Board concluded that there was insufficient cause to recommend a change in the
PEB fitness determination for the contended hypertension or tension headache conditions;
and, therefore, no additional disability ratings can be recommended.
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 chronic bilateral foot pain secondary to plantar fasciitis
with underlying congenital condition of pes planus condition, the Board unanimously
recommends a disability rating of 10%, coded 5299-5279 IAW VASRD §4.71a. In the matter of
the contended hypertension and tension headache conditions, the Board unanimously
recommends no change from the PEB determinations as not unfitting. There were no other
conditions within the Boards scope of review for consideration.
RECOMMENDATION: The Board recommends that the CIs prior determination be modified as
follows, effective as of the date of her prior medical separation:
UNFITTING CONDITION
VASRD CODE
RATING
Chronic Bilateral Foot Pain Secondary to Plantar Fasciitis with
underlying congenital condition of Pes Planus
5299-5279
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120603, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
XXXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXX, AR20130000150 (PD201201091)
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 Boards recommendation to modify the individuals disability rating to 10%
without recharacterization of the individuals 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 XXXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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