RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20080930
NAME: XXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200453
BOARD DATE: 20121129
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a Reserve SPC/E‐4 (27D/Paralegal Specialist), medically separated
for a right and left hip condition. She did not improve adequately with conservative treatment
and was unable to meet the physical requirements of her Military Occupational Specialty
(MOS), meet worldwide deployment standards or satisfy physical fitness standards. She was
issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). Right hip
pain was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR
40‐501. One other condition, as identified in the rating chart below, was forwarded on the
MEB submission as a medically acceptable condition. The PEB adjudicated the CI as “Fit for
Duty.” However, an Informal Reconsideration PEB, 2 months later, adjudicated right hip pain
s/p healed right hip stress fracture and left hip pain, which had not been identified by the MEB,
as unfitting, rated 10% and 10% respectively, with application of the Veteran’s Affairs Schedule
for Rating Disabilities (VASRD). The remaining condition was determined to be not unfitting.
The CI made no appeals, and was medically separated with a combined 20% disability rating.
CI CONTENTION: “Request the PDBR to review SM disability separation for accuracy and
fairness.”
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 condition low back pain as 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 right and left hip pain
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.
RATING COMPARISON:
VA (~4 Years 9 Mos. Pre‐Separation) – All Effective Date 20011214
Exam
Condition
Code
Service Recon PEB – Dated 20080815
Condition
Code
Right Hip Pain S/P Healed
Right Hip Stress Fracture
5299‐5255
Rating
10%
Left Hip Pain
5099‐5003
10%
Low Back Pain
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
Residuals, Stress Fracture, Right
Hip
Post Traumatic Sinusitis, Left
Hip, S/P Stress Fracture Femoral
Neck
Lumbosacral Strain
5255‐5251
5024‐5251
5295
NO VA ENTRY
0% X # / Not Service‐Connected x #
Combined: 30%
20031222*
20031222*
20031222*
Rating
10%
10%
10%
*Most proximate VARD to separation dated 20101007 states no STR available in evidence and fails to cite C&P Exam dated
20031222, but all ratings from this original C&P Exam are intact with no change to rating percentages.
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. It must also judge the fairness of PEB fitness adjudications based on the fitness
consequences of conditions as they existed at the time of separation. The Board’s threshold for
countering DES 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.
Right and Left Hip Condition. The CI began experiencing bilateral hip pain during basic training.
She was treated with non‐steroidal, anti‐inflammatory (NSAIDS) and muscle relaxant
medications and physical therapy with a good response yet symptoms of pain returned with
strenuous activity. Bone scan was thus ordered which revealed minimal uptake at the right and
left hip, consistent with stress fractures. She was placed on light duty and a repeat bone scan in
2004 revealed no lesions. The profile identified bilateral hip pain and the limitations included;
no physical training or testing and the only functional activities were able to carry and fire
individual assigned weapon and wear chemical defense equipment. The commander’s
statement corroborated these limitations and that her medical condition was affecting the
readiness and morale of the unit. There were two 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.
.
L Hip
180
15
40
20
15
40
Stable gait, painful motion
L/R Hip (Thigh)
Flexion (0‐125)
Extension (10‐20)
Abduction (0‐45)
Adduction (0‐45)
External Rotation (0‐45)
Internal Rotation (0‐35)
R Hip
120
15
40
20
15
40
VA C&P ~4 Years 9 Mos. Pre‐Sep
55/50/55
0/0/0
18/15/20
Narsum ~8 Mo. Pre‐Sep
R Hip
60/60/57
0/0/0
35/28/30
Goniometric ROM
(Degrees)
10%*
10%*
Silent to painful motion
Comment
§4.71a Rating
10%
10%
L Hip
*With application of §4.59
2 PD1200453
At the MEB exam, the CI reported occasional bilateral hip pain exacerbated by prolonged
standing and walking and was relieved by rest and pain medications. The MEB physical exam
demonstrated; no tenderness of the right hip, normal neurologic findings and was silent to
painful motion or findings of the left hip. The examiner opined excellent response to
conservative treatment for the right hip stress fracture; however the CI was at risk for
reoccurrence if she continued performing military duties. At the VA Compensation and Pension
(C&P) exam prior to separation, the CI reported no additionally history, specifically no flare‐ups.
The C&P exam demonstrated tenderness at the lateral hip, painful motion, normal squat and
normal MRI of the hips. The examiner diagnosed stress fracture, lesser trochanter, right hip
and stress fracture in the neck left hip, asymptomatic, healed well with mild residual pain and
synovitis.
The Board directs attention to its rating recommendation based on the above evidence. This
rating includes consideration of functional loss lAW VASRD §4.10 (functional impairment), §4.40
(functional loss), §4.45 (DeLuca), and §4.59 (painful motion). While the MEB exam was not
completely compliant with VASRD §4.46 (accurate measurement) and the ratable data in either
exam were not similar, this did not bear on the rating. The Board agreed to assign the MEB
exam more probative value as it is most proximate to separation. The PEB and VA chose
different coding options for the condition, but this did not bear on rating both were IAW
§4.71a—Schedule of ratings–musculoskeletal system. The PEB assigned an analogous rating of
10% for the right hip coded under 5255 (femur, impairment of) for functional loss. The PEB
assigned an analogous rating of 10% for the left hip under 5003 (arthritis, degenerative) for
limitation of one major joint. The Board agreed both of these assignments are consistent with
§4.71a, in addition the Board notes the PEB considered VASRD §4.10, §4.40, §4.45, and §4.59 in
their decision. The VA assigned an analogous rating of 10% under 5251 (Thigh, limitation of
extension of) for thigh limited in extension to 5 degrees for the right and left hip. The Board
agreed this was not consistent with their ratable data, however is consistent with the MEB
extension ratable data. The Board, however, notes the VA ratable data meets the criteria for
5253 (limitation of rotation of, cannot toe‐out more than 15 degrees) and or also meets the
minimum 10% for each hip for painful motion. The Board agreed there is no evidence of flare‐
ups or incapacitating episodes to support additional rating or a 20% rating under the 5003
code. After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt), the Board concluded that there is insufficient cause to recommend a
change in the PEB adjudication for the right and left hip condition.
Contended PEB Conditions. The contended condition adjudicated as not unfitting by the PEB
was low back pain. 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. This condition was profiled; was implicated in the commander’s statement; however
was not judged to fail retention standards. The VA in addition noted the back condition was
likely related to her hip condition in its rating decision. All were reviewed by the action officer
and considered by the Board. There was no indication from the record that this condition
significantly
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 this 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. The Board did not
interfered with satisfactory duty performance.
After due deliberation
3 PD1200453
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the right and left hip pain condition and IAW VASRD §4.71a,
the Board unanimously recommends no change in the PEB adjudication. In the matter of the
contended low back pain condition, the Board unanimously recommends no change from the
PEB determination as not unfitting. 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:
VASRD CODE RATING
5299‐5255
5099‐5003
COMBINED (w/ BLF)
10%
10%
20%
UNFITTING CONDITION
Right Hip Pain S/P Healed Right Hip Stress Fracture
Left Hip Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120523, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXX, 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
XXXXXXXXXXXXXXXX, AR20120022741 (PD201200453)
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 PD1200453
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200453
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