RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200401 DATE OF PLACEMENT ON TDRL: 20060517
BOARD DATE: 20121218 DATE OF PERMANENT SEPARATION: 20070517
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPS/E‐4 (11B10/Infantryman), medically separated
for right common peroneal nerve injury and chronic abdominal pain. The CI was shot in the
abdomen while on patrol in Iraq on 13 February 2005. He was treated surgically in theater, en
route and after redeployment. He suffered a compression injury to the right common peroneal
nerve in the immediate post‐injury period with persistent foot drop and dysthesia. He 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 P3L3H3
profile and referred for a Medical Evaluation Board (MEB). The MEB determined that the right
common peroneal nerve neuropathy and intractable abdominal pain status post (s/p) gunshot
wound (GSW) did not meet retention standards. Bilateral tinnitus, moderate high frequency
hearing loss (HFHL) and a depressive disorder, largely in remission, conditions were determined
to be meet retention standards. All five conditions were forwarded by the MEB to the Physical
Evaluation Board (PEB) for adjudication, although the tinnitus and HFHL were combined into a
single condition. The PEB adjudicated the right common peroneal nerve injury and chronic
abdominal pain secondary to a GSW as unfitting, rated 20% and 10% respectively, with
application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and placed the CI on
the temporary disability retirement list (TDRL). The tinnitus, HFHL and depressive conditions
were determined to be not unfitting conditions. The CI next met the PEB on 15 May 2007. His
conditions were determined to have stabilized and permanent retirement recommended. The
right common peroneal nerve condition was determined to have improved and rated at 10%.
The rating for the abdominal pain was left at 10%, although the VASRD code was changed. The
CI made no appeals at either TDRL entry or exit. He was medically separated with a 20%
permanent disability rating.
CI CONTENTION: “The bases to lower my rating was made because I stopped using the AFO
that was made for me, the AFO was causing my right leg muscle to shrink. The range of motion
tests showed no improvement as well as no improvement in sensation or strength. Even now 7
years after injury I still have strength, range of motion issues and decreased sensitivity in my
right leg and foot. The findings state that I had improvements in nerve Function and no longer
needed to use the AFO the only reason I stopped wearing the brace was because it was causing
a noticeable difference in the size of my calf muscles. I still have numbness in my leg, as well as
reduced range of motion and strength.”
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 right peroneal nerve condition and
chronic abdominal pain meet the criteria prescribed in DoDI 6040.44 for Board purview, and are
accordingly addressed below. No other condition is 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.
TDRL RATING COMPARISON:
Service IPEB – Dated 20050515
VA* – All Effective Date 20060517
Condition
On TDRL –
20060517
R Common
Peroneal N Inj
Chronic Abd Pain
Chronic Abd Pain
Code
8521
7301
5319
Rating
TDRL
20%
10%
Sep.
10%
10%
Condition
Right Common Peroneal
Nerve Neuropathy …
Intractable Abd Pain s/p
GSW
PTSD; MDD
Tinnitus
Code
8521
5319
9411
6260
Rating
Exam
20%*
20060816
30%
50%
10%
20060816
20060919
20060816
20061128
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
0% x 1/Not Service Connected x 3
Combined: 80%******
*Initially rated 20% then reduced to 10% effective 20110315; LS DDD rated at 10% effective 20100710; OSA rated 50% effective
20120105; Abd scar rated 10% effective 20110315; IBS rated 10% effective 20120105;** Initially rated 80% then rated 90%
effective 20120105.
ANALYSIS SUMMARY: On 13 February 2005, the CI sustained a life threatening GSW to the
abdomen necessitating emergency surgical intervention in theater and rapid air evacuation to
Germany and then CONUS (continental US) for further treatment and convalescence. During
the evacuation he was sedated and suffered a compressive neuropathy of the right common
peroneal nerve. Despite extensive rehabilitation, neither condition improved sufficiently to
allow the CI to return to duty. He was entered into the Disability Evaluation System (DES)
process.
The Right Common Peroneal Nerve Injury Condition. There were three 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.
MEB ~ 7 Mos. Pre‐TDRL
entry
VA C&P ~3 Mos. Post TDRL
entry
PT ~1 Mo. Pre TDRL exit
Ankle ROM
Degrees
Dorsiflexion (0‐20)
Plantar Flexion (0‐45)
Left
#
#
Right
Left
0
20
Right
0 after
repetition
25
Comment
Mechanical limit to ROM
Left
10
45
N/A
Right
0
45
Motion limited
by sensation
of weakness
10%
Motion
painful
20%
§4.71a Rating
‐‐
20%
‐‐
The CI began physical therapy (PT) once he had sufficiently stabilized from his injuries. At a
6 July 2005 PT visit, he was noted to have foot drop and weakness (4/5) of the right foot dorsi‐
flexors, but normal ROM. On 30 August 2005, he was again seen in PT and noted to have full
active ROM. His strength was improved to 4+/5 and 5/5 for the muscles of dorsi‐flexion and
slight foot drop remained. Paresthesias of the right deep fibular cutaneous nerve was noted
along with diminished sensation to light touch. However, ROM measurements on 13 October
were limited in dorsiflexion and plantar flexion. On 26 October 2005, he was seen in neurology.
It noted that electrodiagnostic studies showed an incomplete, but severe, focal lesion of the
right peroneal nerve. The sensory deficit had improved, but the motor deficit was unchanged
from previous examinations. However, sensation remained impaired in the distribution of the
2 PD1200401
right common peroneal nerve. Muscle bulk and tone was normal, but strength reduced to 4+/5
for dorsiflexion and 4‐/5 for extension of the right great toe. The ROM was noted to be
reduced and the gait showed mild right circumduction with slight foot slap. This is consistent
with the weakened dorsiflexion observed. Toe and tandem gait were normal although the CI
was unable to heel walk, also secondary to impaired dorsiflexion. At the MEB examination on
11 October 2005, 8 months prior to TDRL entry, the CI reported persistent numbness and loss
of motion for which he used an orthotic device. The MEB examiner noted the sensory loss and
limited ROM for both plantar and dorsiflexion. The narrative summary (NARSUM) was dictated
on 14 December 2005, 6 months prior to TDRL entry. It reproduced the neurology examination
from 26 October 2005. At the VA Compensation and Pension (C&P) examination on 16 August
2006, 3 months after TDRL entry, the CI reported continued numbness of the right lower
extremity, but no pain. He used an orthotic, but only when he wore work boots. He reported
weakness in dorsiflexion. A very minimal right foot drop was noted; posture and gait were
otherwise normal. Sensation was diminished in the right peroneal nerve distribution. Strength
was reduced to 4/5 for both dorsiflexion and extension of the right great toe. He was working
for his uncle at the latter’s ranch and planned to return to school. His job included installing
decking and hand rails, building a handicapped ramp and taking care of the horses. He was
noted to have not been limited in these activities. The Board directs attention to its rating
recommendation at TDRL entry based on the above evidence. The PEB and VA both rated the
right peroneal neuropathy condition at 20% for moderate disability and coded it 8521,
incomplete paralysis of the common peroneal nerve. There was no evidence that the sensory
loss significantly impaired duty and the Board determined that it was not separately unfitting.
The minimal change in gait did not rise to the severe level of disability. 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 right common peroneal nerve neuropathy condition for TDRL entry. The Board then turned
its attention to the permanent disability rating. The TDRL exit examination was accomplished
on 12 April 2007, a month prior to permanent separation, in the neurology clinic. The CI
reported minimal improvement in his weakness, but endorsed the ability to run. He no longer
used the orthotic. On examination, sensation was normal. Strength was reduced to 5‐/5 in
dorsiflexion, improved from the previous PEB and VA examinations. Muscle bulk was noted as
abnormal, but not specified. Gait was normal other than the inability to heel walk. He was
thought to have stabilized in his disability. The VA did not re‐address the right peroneal
neuropathy until the 9 October 2010 C&P, over 3 years after permanent separation. Ankle
dorsi and plantar flexion were both noted to be normal at 5/5 strength and tone was normal
without atrophy. Gait was normal. The PEB determined that the CI had improved and that a
10% rating, consistent with a mild disability was appropriate. The VA did not readjudicate the
peroneal neuropathy until 17 May 2011 when it reduced the rating to 10% using the October
2010 C&P. The Board determined that neither examination supported an evaluation higher
than moderate and that the C&P examination, although remote from permanent separation,
supported the improvement observed on the TDRL exit examination and the PEB permanent
adjudication. 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 right common peroneal neuropathy condition at permanent separation.
Chronic Abdominal Pain with Occasional Cramps and Bowel Dysfunction Presumed Due To
Peritoneal Adhesions From Prior Wounding and Surgeries Condition. As noted above, the CI
sustained a GSW to the abdomen while deployed. He underwent multiple surgical procedures
with delayed closure of the abdominal wall secondary to edema. He noted abdominal
“crampy” pain with activity starting several months after the injury. He took no medications for
this and denied change in bowel habits. A CT scan performed on 14 July 2005 showed post‐
operative changes and a retained bullet, the latter was subsequently removed in minor surgery.
He continued to have abdominal pain with cramping, unrelieved by medications or position,
with numbness over the abdominal scar when seen in general surgery on 24 October 2005. The
3 PD1200401
scar was noted to be well healed and tenderness was diffuse, but greater in the left lower
quadrant. The CI also noted irregular bowel habits. At the MEB examination, the CI reported
continued “stomach” pains and loose bowel movements. The MEB examiner noted mild
discomfort in all quadrants and a healed scar. At the NARSUM, the CI reported continued
abdominal pain in both the wall muscles and intestines. On examination, he was noted to have
a large amount of scar tissue. He had diffuse tenderness which was greatest in the left lower
quadrant. Bowel sounds were present. There was no rebound tenderness or guarding
indicative of peritoneal irritation. The entry wound in the left lower quadrant was well healed.
The pain was thought to be secondary to the scar formation. At the C&P examination 3 months
after TDRL entry, the CI reported daily pain along the incision line with occasional loose stools
and cramping. He took no medications for this. He denied nausea, vomiting, blood in his stools
or weight change. A tender, well healed midline abdominal scar was noted. The mesh was
palpable. Tenderness was present particularly in the left lower quadrant, but without rebound
or guarding. He had no herniation and was noted to be muscular without weakness other than
from the peroneal neuropathy. He was noted to have intractable abdominal pain and scar pain.
As already noted above, he was working part time for his uncle on his ranch. His job included
installing decking and hand rails, building a handicapped ramp and taking care of the horses.
He was noted to have not been limited in these activities. The Board directs attention to its
rating recommendation for TDRL entry based on the above evidence. The PEB rated the
abdominal pain at 10% for moderate disability and coded it 5319, abdominal muscular
dysfunction. The VA rated the abdominal condition at 30% for moderately severe disability, but
also coded it 5319. The Board considered the descriptions for both levels of disability and
determined that the description for the moderate level of disability best fit the findings in
evidence. 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 abdominal pain condition for TDRL entry. The Board
then considered the permanent disability rating at TDRL exit. The PEB rated the condition at
10%, but changed to coding to 7301, adhesions of the peritoneum. The VA did not readdress
the abdominal pain until over three years after permanent separation. The 22 April 2007
NARSUM noted that the CI had persistent abdominal pain. It was typically 4/10 and occurred 3‐
4 times per week. It was not associated with either food or meals. He noted several bowel
movements per day. His weight was noted as stable. He stated that he was unable to do sit
ups and also that his abdomen hurt after running. On examination he had a benign abdomen
with well‐healed scars. He had mild tenderness to palpation in the periumbilical region. It was
uncertain if the persistent pain was secondary to the multiple surgical procedures or from the
scars. The VA reexamined the CI on 1 April 2011, 4 years after permanent separation, well
outside the 12‐month window typically used for Board adjudication. He complained of
weakness and fatigability of the abdominal musculature. On examination, he was noted to
have reduced strength, but without tissue loss or intramuscular scarring. The superficial scar
was tender to palpation. This was thought to have a moderately severe effect on function. The
VA continued him at a 30% level of disability. The Board noted that this examination showed
more impairment than either the PEB examination proximate to the TDRL exit or the initial C&P
accomplished during the TDRL period. The Board also noted that the initial VA C&P was
performed during the one year TDRL period. 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 permanent disability rating for the abdominal pain condition at
permanent separation.
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
4 PD1200401
were exercised. In the matter of the right common peroneal nerve and abdominal pain
conditions and IAW VASRD §4.124a and §4.114, the Board, by a vote of 2:1, recommends no
change in the PEB adjudication. The single voter for dissent, who recommended adopting the
VA rating 8521 at 20% for the right common peroneal nerve condition at permanent
separation, did not elect to submit a minority opinion. 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
TDRL PERMANENT
20%
10%
‐‐
30%
10%
‐‐
10%
20%
8521
5319
7301
COMBINED
Right Common Peroneal Nerve Neuropathy
Chronic Abdominal Pain
Chronic Abdominal Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120430, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXX, AR20130000155 (PD201200401)
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:
5 PD1200401
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
6 PD1200401
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