RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20030522
NAME: XXXXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200314
BOARD DATE: 20121115
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty Soldier, PV2/E‐2(54B, NBC Specialist), medically
separated for right hip and left knee condition without any specific history of injury or trauma.
She did not respond adequately to treatment and was unable to perform within her Military
Occupational Specialty, meet worldwide deployment standards or meet physical fitness
standards. She was issued a permanent L3 profile and underwent a Medical Evaluation Board
(MEB). Right hip and left knee pain were forwarded to the Physical Evaluation Board (PEB) as
medically unacceptable IAW AR 40‐501. Three other conditions, as identified in the rating chart
below, were forwarded on the MEB submission as medically acceptable conditions. The PEB
adjudicated the right hip and left knee condition as unfitting, bundling them, and rated 10%
with application of the US Army Physical Disability Agency (USAPDA) pain policy. The remaining
PEB conditions were determined to be medically acceptable. The CI made no appeals, and was
medically separated with a 10% combined disability rating.
CI CONTENTION: The CI states: “Service connected disabilities were not included. Those
disabilities include: hypothyroidism, degenerative joint disease: right hip, left hip right knee,
and left knee and post‐surgery hammertoes with continued toe numbness. I still take Synthroid
for hypothyroidism. The pain from the degenerative joint disease has spread to most of my
joints. I fell last year and because of the weakened condition due to degenerative joint disease
my right knee tore the meniscus. I have considerable daily pain in my neck, back, hips and
knees. I get debilitating muscle spasms in my upper and lower back. I have been through
rounds of physical therapy for my knees and am resigned to wear braces, and I'm currently
attending physical therapy for my back. Toes on both feet go numb with extended walking
(walking over 500 yards). I have pain in the large toe on my left foot. A prior nuclear bone scan
done in Germany in 2002 showed significant deterioration and it has gotten worse.”
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 conditions hypothyroidism and mallet
toes 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
conditions. 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.
VA (5 Mos. Post‐Separation) – All Effective Date 20030523
Condition
Degenerative Joint Disease, R
Hip
Degenerative Joint Disease, L
Knee
Hypothyroidism
Mild hammertoe Deformity, R
Foot, Toes 2‐5
S/P Surgery of Hammertoes, L
Foot
Degenerative Joint Disease, L
Hip
Code
5003‐5253
5003‐5260
7903
5282
5282
Rating
10%
10%
10%
0%
0%
10%
Exam
20031016
20031016
20031016
20031016
20031016
20031016
20031016
RATING COMPARISON:
Service PEB – Dated 20030411
Condition
Code
Rating
5099‐5003
10%
Right Hip and Left Knee
Pain
History of Hypothyroidism Medically Acceptable
History of Mallet Toes, S/P
Surgical Correction in Feb
03
Medically Acceptable
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
5003‐5252
0% X 3 / Not Service‐Connected x 0
Combined: 40%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which her service‐incurred conditions continue to
burden her. The Board wishes to clarify that it is subject to the same laws for disability
entitlements as those under which the Disability Evaluation System (DES) operates. The DES
has neither the role nor the authority to compensate service members for anticipated future
severity or potential complications of conditions resulting in medical separation. That role and
authority is granted by Congress to the Department of Veterans’ Affairs (DVA), operating under
a different set of laws (Title 38, United States Code). The Board evaluates DVA evidence
proximal to separation in arriving at its recommendations, but its authority resides in evaluating
the fairness of DES fitness decisions and rating determinations for disability at the time of
separation. The Board further acknowledges the CI’s contention for ratings for other conditions
documented at the time of separation, and notes that its recommendations in that regard must
comply with the same governance.
Left Knee and Right Hip Condition. The CI reported an onset of left knee pain for 1 1/2 years
prior to her right hip pain. The right hip pain started approximately 6 to 7 months later after
working on guard duty at her installation. While standing and favoring her left knee she put all
her weight on her right hip and was diagnosed with a right hip tendonitis. She reported both
her left knee and right hip pain were exacerbated with prolonged standing and additionally the
left knee pain was exacerbated with sitting or any exertional type of activity. Anti‐inflammatory
medications gave her minimal relief and she had no help with physical therapy. Plain
radiographs did not identify any abnormalities and a bone scan identified an area of mild
increased activity on the lateral aspect of the left knee, which was not specific. Her profile
limitations included; no unit physical training or testing, no rucksack, no lifting greater than 10
pounds and no use of flak gear. The commander’s statement corroborated the profile
limitations and additionally that she was not worldwide deployable.
The MEB physical exam demonstrated tenderness of the greater trochanter of her right hip, full
range of motion in flexion, abduction, adduction, internal and external rotation and normal
motor and neurovascular findings of the lower extremity. On examination of the left knee
there was some crepitus through range of motion of the patellofemoral joint, no effusion, full
range of motion, ligamentously stable, and no tenderness to palpation at the joint line but
some pain with compression of the patella. At the VA Compensation and Pension (C&P) exam
the CI reported pain in both hips particularly in cold weather and she continued to have
problems with her left knee exacerbated with walking greater than a 1/2 mile and sitting in a
car for more than an hour. She used no medication for pain. The C&P exam demonstrated a
normal gait, non‐compensable loss of motion with right hip flexion at 110 degrees (0‐125
degrees normal), abduction at 40 degrees (45 degrees normal) and adduction at 20 degrees (45
2 PD1200314
degrees normal) with painful motion. On examination of the left knee there was tenderness of
the patella, crepitance, non compensable ROM loss with flexion at 120 degrees (140 degrees
normal), painful motion and stable ligaments. A bone scan revealed minor degenerative
changes noted in both hip regions, slightly more prominently in the right hip and both knees,
more predominantly in the medial compartment region of the left knee. The examiner
diagnosed degenerative joint disease knees and hips.
The Board directs attention to its rating recommendation based on the above evidence. The
Board assigns the MEB exam more probative value for proximity to separation and likely the VA
exam reflects worsening of the degenerative arthritis of the joints. The PEB and VA chose
different coding options for the condition, which had some implications on rating and both
were IAW §4.71a— schedule of ratings–musculoskeletal system. The PEB combined the left
knee and right hip under a single rating, coded analogously to 5003. This coding approach is
countenanced by AR 635‐40; but, IAW DoDI 6040.44, the Board must apply separate codes and
ratings in its recommendations if compensable ratings for each joint are achieved IAW VASRD
§4.71a. When the Board judges that two or more separate ratings are warranted in such cases,
however, it must satisfy the requirement that each “unbundled” condition was unfitting in and
of itself. All members agreed that no distinctions between the two joints could be made
regarding functional limitations, and that it was reasonable to concede that either the left knee
or right hip alone would have resulted in the same fitness consequences. The PEB’s DA Form
199 cited left knee and right hip pain with normal physical exams, X‐rays and a positive bone
scan for the left knee and “rated analogous to degenerative joint disease with full motion,”
which is consistent for a 10% rating for both joints. There is no evidence of painful motion
(§4.59) in the MEB exam to support separate ratings as achieved in the VA exam after
separation. Neither the PEB nor the VA had evidence which suggested functional loss due to
pain or flare‐ups which would provide for additional or higher rating. The Board deliberated
between two options for its recommendation: coding strictly under 5003 with “X‐ray evidence
of involvement of two or more major joints,” which would yield a single rating of 10% for the
left knee and right hip; or conceding §4.40 (functional loss) to achieve the minimal
compensable rating (10%) for each joint. 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 left knee and the right knee
condition.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
were hypothyroidism and mallet toes. The Board’s first charge with respect to these conditions
is an assessment of the appropriateness of the PEB’s fitness adjudications. The Board’s
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. Hypothyroidism was not profiled however mallet toes
was temporary profiled after surgery for 3 weeks with no further profiles in evidence. Neither
condition was implicated in the commander’s statement; and, nor 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 any of the contended 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. As discussed above, PEB
3 PD1200314
reliance on the USAPDA pain policy for rating right hip and left knee condition was operant in
this case and the condition was adjudicated independently of that policy by the Board. In the
matter of the right hip and left knee condition and IAW VASRD §4.71a, the Board unanimously
recommends no change in the PEB adjudication.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5099‐5003
COMBINED
10%
10%
Right Hip and Left Knee Pain
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120312, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXX , AR20130000260 (PD201200314)
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:
4 PD1200314
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200314
AF | PDBR | CY2013 | PD2013 00041
5003Right Knee Pain5299-500310%20031016 Right Knee Pain . Specifically, the left knee condition was less severe than the right, and the Board determined that the left knee was not separately unfitting at the time of separation from service.
AF | PDBR | CY2009 | PD2009-00054
The medical basis for the separation was chronic low back pain (LBP) and multiple painful joints (Bilateral degenerative joint disease [DJD] of hips and knees as well as the left ankle) without any history of trauma. NARSUM (date 20020917): CHIEF COMPLAINT: This is a 26-year-old male with two-year history of bilateral shoulder pain, back pain, bilateral hip pain, bilateral knee pain left greater than right, and left ankle pain. The MEB diagnosis #1 (Medically Unacceptable) described...
AF | PDBR | CY2013 | PD-2013-01365
At retention physical dated 4 September 2002, the examiner documented a prior history of bilateral hip osteoarthritis, a 2001 right hip replacement, and noted “decreased ROM left hip” (no measurements were documented). Thus, the Board cannot recommend a separate service rating for this condition. In the matter of the osteoarthritis bilateral knees condition, the Board unanimously determined that neither knee was separately unfitting and that the condition EPTS and was not permanently...
AF | PDBR | CY2012 | PD2012-00108
The VA rated the member for the same conditions as the following. Left Shoulder Condition. Post-Sep Left Shoulder ROM Flexion (0-180⁰) Abduction (0-180⁰) Comments §4.71a Rating* *Conceding §4.59 (painful motion) Silent on painful motion 135⁰ 120⁰ 10% 135⁰ 120⁰ 10% Painful motion 160⁰ 120⁰ 10% Painful motion The MEB physical exam demonstrated well healed anterior and posterior surgical scars, normal strength of the rotator cuff muscles, and normal neurovascular findings.
AF | PDBR | CY2012 | PD-2012-01245
The NARSUM documented a normal neurological examination and ROM. The conditions adjudicated as not unfitting by the PEB and that were also contended by the CI are right foot pain secondary to pes planus, plantar fasciitis, and fractured 4th phalanx, right shoulder bursitis, bilateral knee osteoarthritis, and DDD of the cervical spine. An MRI of the left knee on 8 May 2006 (2 months prior to separation) was normal.
AF | PDBR | CY2013 | PD2013 00128
The VA, in its rating decision of 7 October 2003, utilized code 5242, degenerative arthritis of the spine, as per the current VASRD rating guidelines in effect at that time.The VA rating decision dated 29 July 2003, 2 months proximate to the date of separation, rated the CI’s condition at 0%, based upon an examination that revealed neither painful nor limited motion. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a...
AF | PDBR | CY2013 | PD-2013-01379
At the MEB NARSUM examination(approximately 3 months prior to separation), the CI reported left hip pain. President Physical Disability Board of Review SAMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557SUBJECT: Department of Defense Physical Disability Board of Review Recommendation forXXXXXXXXXXXXXXXXX, AR20150006430 (PD201301379) I have reviewed the enclosed Department of Defense Physical Disability...
AF | PDBR | CY2012 | PD2012 01788
The Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved IAW VASRD rating guidelines. Strength and sensation was normal.MEB/PT ROM evaluation17 September 2003appears to document reduced left shoulder abduction of possibly 15 degrees but is illegible; the NARSUM noted the PT consultation as abduction 110 degrees.At the C&P exam the CI reported pain, decreased ROM, and difficulty with overhead motion. Service treatment...
AF | PDBR | CY2012 | PD2012 01512
The leg, hipand knee conditions, characterized as “bilateral shin splints,” “right tibial plafond stress reaction,” “bilateral femoral stress reactions,” and “left greater trochanteric bursitis & PFPS [patellofemoral pain syndrome],” were forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. Bilateral Leg PainCondition (includes Bilateral Shin Splints,Bilateral Femoral Stress Reactions, Left Greater Trochanteric Bursitis, and Left PFPS) :The narrative summary, 4 months...
AF | PDBR | CY2012 | PD-2012-00692
The Physical Evaluation Board (PEB) adjudicated the left hip and lower extremity pain condition as unfitting, rated 0% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. At the VA Compensation and Pension (C&P) exam prior to separation, the CI reported pain in her low back that radiated into her buttocks which had been diagnosed as left ischial tuberosity syndrome. However, the Board notes the evidence supports primarily left hip exam findings to...