RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
NAME: XXXXXXXXX
CASE NUMBER: PD 1200370 SEPARATION DATE: 20040525
BOARD DATE: 20121120
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (31R10/Line of Sight Systems Operator‐
Maintainer) medically separated for chronic left ankle pain. The CI suffered recurrent left ankle
sprains beginning in April 1998 during basic training, again during Advanced Individual Training
(AIT) in May 1998 and several more times at his permanent duty station. He was treated by
physical therapy (PT) and subsequently evaluated by orthopedic surgery. In January 2003, he
underwent arthroscopic surgery of the left ankle. The chronic left ankle pain condition 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). The MEB forwarded the chronic left ankle pain
as the only condition for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the
chronic left ankle pain condition as unfitting, rated 0%, with specified application of the US
Army Physical Disability Agency (USAPDA) pain policy. The CI made no appeals and was
medically separated with a 0% disability rating.
CI CONTENTION: “Still having chronic pain and the VA has paid for a surgery on my Left ankle
and Left knee. After 2 surgeries and several stints in physical therapy there is still no
improvement in pain or range of motion. Difficult using stairs, unable to run and play certain
things with my two young children (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 unfitting chronic left ankle pain
condition meets the criteria prescribed in DoDI 6040.44 for Board purview, and is accordingly
addressed below. The contended left knee condition is not within the Board’s purview. The
remaining condition, hypertension (noted in #14 of the DD 294), rated by the VA at separation
and listed on the DD Form 294 application is also 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 20040223
Condition
Chronic Left Ankle Pain
Code
5099‐5003
Rating
0%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
VA (7 Mos. Pre ‐Separation) – All Effective Date 20040526
Exam
Condition
Code
5271
7101
Rating
20%
10%
20031204
20070801
S/P Lt Ankle Surgery
HTN
Not Service‐Connected x 1
Combined: 30%
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. 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 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.
Chronic Left Ankle Pain Condition. There were four goniometric 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.
in DoDI 6040.44, however, resides
Left Ankle ROM
Dorsiflexion (0‐20⁰)
Plantar Flexion (0‐45⁰)
PT ~12 Mo.
Pre‐Sep
5⁰
40⁰
Ortho ~9 Mo. Pre‐
Sep
5⁰
450
VA C&P ~5 Mo.
Pre‐Sep
NARSUM ~5 Mo.
Pre‐Sep
10⁰
30⁰
5⁰
10⁰
Comment
+ ankle pain‐
constant & with
motion
+ ankle pain
Some instability
Tender to palpation
Well healed incision
§4.71a Rating
+ painful motion
+ swelling lateral ankle
+ inversion deformity
abnormal gait w/ limp
No ankle instability
20% (VA rating)
+ joint tenderness lateral
aspect, normal Achilles
tendon & arch, no
instability noted
The VA Compensation and Pension (C&P) exam performed approximately 5 months prior to
separation noted the following history: This condition started in 1998 when he suffered an
inversion injury of his left ankle while playing volleyball. He developed acute pain with a
popping sensation and was unable to walk. He received supportive treatment and physical
therapy. However, he did not have any improvement. He took non‐steroidal anti‐inflammatory
medications that offered only temporary relief. He had a magnetic resonance imaging (MRI)
exam performed in September 2002, and was subsequently diagnosed with torn ligaments and
damaged cartilage. He had an operation for this condition in January of 2003. He had
reconstruction of the lateral ankle ligaments. There was residual pain, stiffness, and some
limitations with walking and prolonged standing. He could not run and limped with walking.
There was no use of assistive device. There was a flare‐up of on and off pain depending on his
activities. Walking up to two miles started the pain. Putting pressure on his left ankle also gave
pain. There was a recommendation of bed rest for 30 days after he had surgery because he
was placed in a cast as well. He was taking anti‐inflammatory drugs and that offered only
temporary relief. There was no use of prosthetic implants. There was lost time from work of
approximately 2 months. The ROM measurements and other significant findings are
summarized in the chart above. At the MEB exam performed 5 months prior to separation, the
CI reported “left ankle reconstructive surgery.” The MEB physical exam noted “Decreased ROM
flexion both dorsi/plantar Lt. ankle and surgical scar Lt. lat. ankle.”
The narrative summary (NARSUM) prepared approximately 4 months prior to separation
(utilizing PT ROM measurements obtained on 15 December 2003) noted an initial twisting
injury of the left ankle in April 1998 during basic training. The CI completed basic training only
to suffer another left ankle injury in May 1998 during AIT. Again, he completed that training
program and was sent to his permanent duty location where he continued to suffer recurrent
injuries to his left ankle. He was treated by PT then evaluated by orthopedics. In January 2003,
2 PD1200370
the CI underwent an arthroscopic surgical procedure described as, excision, anterior tibial
osteophyte and Brostrom repair, lateral ligamentous complex, in an attempt to correct his
recurrent ankle instability and pain which was not responsive to conservative treatment. After
extensive post‐surgical physical therapy, the CI was unable to recover to the point where he
could return to full duty. He continued to complain of pain and swelling of the left ankle along
with feelings of instability. He was on no medications at that time. The ROM measurements
and other significant findings are summarized in the chart above. Significant radiologic
evaluations included an MRI of the left ankle with a finding worrisome for micro‐fracture or
developing osteochondral defect lateral talar dome. The NARSUM also contained the following
statement, “… is unable to perform basic soldiering activities as he had daily pain with his ankle
with any exertional activity. He continues to have problems with pain and weakness….”
The Board directs attention to its rating recommendation based on the above evidence. The
PEB applied the analogous code of 5099‐5003 to the CI’s chronic left ankle pain and rated it 0%,
for slight/intermittent pain, specifically based on the USAPDA pain policy. While that Army’s
specific rating policy was widely used and applied at that time, the Board is obligated to utilize
VASRD only rules in its recommendation. The VA applied VASRD code 5271; ankle, limited
motion of, and rated it 20% based on “marked” limitation of left ankle ROM. The rating options
for this code rely on a subjective appraisal of the ankle’s disability utilizing the two rating levels
of marked, 20% evaluation, and moderate, 10% evaluation. There is no ankle instability
documented in the NARSUM or C&P examination. Both exams document some aspect of a
painful ankle, either painful motion or pain upon palpation. The C&P exam documents an
abnormal gait while the NARSUM does not comment on gait. The two exams most proximate
to separation were only separated by 2 weeks yet the ROM measurements documented on
each exam are significantly different. Ankle dorsiflexion is an important aspect of gait and a
minimum of 10 degrees dorsiflexion is required for a normal gait. The VA C&P exam documents
a limp with ROM of 10 degrees of dorsiflexion and 40 degrees of total excursion while the
NARSUM exam does not comment on a limp and has ROM of 5 degrees dorsiflexion and 15
degrees total excursion. The total excursion of a normal ankle is 65 degrees so a total excursion
of 150 (NARSUM)represents an approximately 25 percent of that value and can be considered a
marked decrease in ROM while a 40 degrees total excursion (VA C&P exam) represents
approximately 60 percent of that value and can be considered a moderate decrease in ROM.
The Board thus carefully deliberated its probative value assignment to these conflicting
evaluations, and carefully reviewed the service file for corroborating evidence in the 12‐month
period prior to separation. There were two additional examinations present in the service
treatment records within 12‐months prior to separation summarized in the chart above.
Although neither specifically mentions a goniometer, both of these examinations document a
dorsiflexion of 5 degrees with a total excursion greater than 45 degrees.with additional rating
information that is adjudged to be most consistent with a marked degree of ankle disability.
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable
doubt), the Board recommends a disability rating of 20% for the chronic left ankle pain
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 chronic left ankle pain was operant in this case
and the condition was adjudicated independently of that policy by the Board. In the matter of
the chronic left ankle pain condition, the Board unanimously recommends a disability rating of
20%, coded 5271 IAW VASRD §4.71a. There were no other conditions within the Board’s scope
of review for consideration.
3 PD1200370
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
5271
COMBINED
20%
20%
CHRONIC LEFT ANKLE PAIN
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120411, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
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 XXXXXXXXXXXXXXX, AR20120022687 (PD201200370)
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 20% 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
XXXXXXXXXXXXX
Deputy Assistant Secretary
4 PD1200370
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200370
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