RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20040912
NAME: XXXXXXXXXXXXXXX
CASE NUMBER: PD1200457
BOARD DATE: 20121212
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (11B/Infantryman) medically separated for
chronic left hip pain. He was treated, but did not improve adequately to fully perform his
military duties or meet physical fitness standards. He was issued a permanent L3 profile and
underwent a Medical Evaluation Board (MEB). The MEB found the internal snapping of the left
hip condition, and patellofemoral arthrosis of the left knee condition as medically unacceptable
IAW AR 40‐501, and referred him to a Physical Evaluation Board (PEB). Two other conditions
(intermittent mechanical low back pain, and cold intolerance after amputation of the tip of the
left long finger conditions) identified in the rating chart below, were also identified and
forwarded by the MEB as meeting retention standards. The PEB adjudicated the chronic pain,
left hip condition as unfitting, rated 10% with application of the US Army Physical Disability
Agency (USAPDA) Pain Policy/Guidance Memorandum #13. The other three conditions were all
adjudicated as “not unfitting.” The CI made no appeals, and was medically separated with a
10% disability rating.
CI CONTENTION: “As an Infantry soldier of 14 years, I was limited in tasks I was able to perform
and limited to only one event of the APFT.”
SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44, 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 unfitting left hip condition meets the criteria prescribed in DoDI
6040.44, and is accordingly addressed below. No other conditions are within the Board’s
purview. Any condition outside the Board’s defined scope of review may be eligible for future
consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Condition
Chronic Pain, Left Hip
Patellofemoral Arthrosis
of the Left Knee
(No MEB/PEB entry for Right Knee Pain)
Intermittent Mechanical
Low Back Pain
Cold Intolerance After
Amputation of the Tip of
the Left Long Finger
Not Unfitting
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Army PEB – dated 20040629
VA (~1 Mo. Post‐Separation) – All Effective 20040913
Code
5099‐5003
Rating
10%
Condition
Left Hip Popping
Code
5251
Rating
0%*
Exam
20041117
Not Unfitting
(No VA entry for Left Knee Pain)
Residuals, Patellafracttjre, Right
Knee with
Degenerative Changes
Mechanical Low Back Pain
Amputation, Distal Portion Left
Middle Finger
Obstructive Sleep Apnea
Tinnitus
Tension –Style Headaches
5003
5237
5154
6847
6260
8199‐8100
10%
0%*
10%
30%
10%
10%
0% X 3*
Combined: 50%
20041117
20041117
20041117
20041117
20041117
20041117
20041117
Combined: 10%
*Included in the total three conditions with a 0% rating percentage.
ANALYSIS SUMMARY:
Chronic Left Hip Pain. In December 2000, the CI was injured in a motor vehicle accident (MVA).
After the MVA, he complained of pain and popping in the left hip. He was treated, but the left
hip problem persisted and an MEB was started. His MEB clinical evaluation was on 7 May 2004
at Fort Stewart, GA. Examination of the left hip revealed an audible and palpable “pop” with
hip movement, and this was painful to the CI. Range‐of‐motion (ROM) was measured and is
summarized in the chart below. On 17 November 2004, the CI had a VA Compensation and
Pension (C&P) exam. At that time, he was working as a receiving clerk, lifting a maximum of 20‐
25 lbs. His gait and posture were normal. Examination of the left hip showed no evidence of
degenerative changes or instability. ROM is summarized below.
Left Hip (Thigh) ROM
Flexion (125⁰ is normal)
External Rotation
Abduction (45⁰ is normal)
Comment
Pain with motion
§4.71a Rating
MEB ~4 Mos. Pre‐Sep
(20040507)
VA C&P ~2 Mos. Post‐Sep
(20041117)
90⁰
40⁰
32⁰
10%*
88⁰
60⁰
(not measured)
Cramping in the groin
0%
*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion)
The Board carefully reviewed all evidentiary information available, and directs attention to its
rating recommendation based on the above evidence. The CI’s limitation of hip motion was
essentially non‐compensable based on the Veterans’ Administration Schedule for Rating
Disabilities (VASRD) §4.71a codes for loss of hip and thigh motion (5251, 5252, and 5253).
However; IAW VASRD §4.40, §4.45, and §4.59, a 10% rating is warranted when there is
satisfactory evidence of functional limitation due to painful motion of a major joint. At his May
2004 MEB exam, the CI did have a painful “pop” with hip motion. 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 chronic left hip pain.
2 PD1200457
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 was operant in this case and the condition was adjudicated
independently of that policy by the Board. In the matter of the chronic left hip pain and IAW
VASRD §4.40, §4.45, §4.59, and §4.71a, the Board unanimously recommends no change in the
PEB adjudication.
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
5099‐5003
COMBINED
10%
10%
Chronic Pain, Left Hip
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120521, 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 / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20130000619 (PD201200457)
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:
3 PD1200457
Encl
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200457
AF | PDBR | CY2012 | PD2012 01941
The left hip was painful to motion. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130019920 (PD201201941)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.
AF | PDBR | CY2013 | PD-2013-01337
Post-Separation)ConditionCodeRatingConditionCodeRatingExam Left Hip and Bilateral Knee pain5099-50030%Residuals, Left Hip Stress Fracture5099-501010%20011212Right Knee Chondromalacia5099-501010%20011212Left Knee Chondromalacia5099-501010%20011212Other MEB/PEB Conditions x 0 (Not In Scope)Other x 2 RATING: 0%RATING: 30% *Derived from VA Rating Decision (VARD)dated 20020708(most proximate to date of separation(DOS)) Left Hip and Bilateral KneePain .This CI entered the Army in May 1999. ...
AF | PDBR | CY2013 | PD-2013-01635
Physical examination of the left knee revealed full range-of-motion (ROM), with marked patellar compression pain and the knee was ligamentous stablewith no meniscal pathology.The CI was separated from service on 8 April 2004 and his VA Compensation and Pension (C&P) examination performed 6 months later in October 2004. There was no path to a higher rating for the left knee since there was no evidence of joint instability, subluxation, or other significant knee abnormality.After due...
AF | PDBR | CY2012 | PD-2012-00930
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200930 SEPARATION DATE: 20030801 BOARD DATE: 20130328 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty CPL/E-4 (71L/Postal Operator) medically separated for chronic bilateral knee pain. The PEB combined the two chronic knee pain problems into a single unfitting condition: Chronic bilateral...
AF | PDBR | CY2012 | PD 2012 01544
In attempting to explain the level of pain that I sometimes experience, I consider mild pain to be a dull ache to moderate pain being more of a sharp pain/ache that results in a mild limp when walking. SCOPE OF REVIEW: The Boards scope of review as defined in DoDI 6040.44, 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...
AF | PDBR | CY2012 | PD 2012 00450
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200450 SEPARATION DATE: 20080531 BOARD DATE: 20130208 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SSG/E-6 (63D30 / Field Artillery Mechanic), medically separated for bilateral knee and left hip pain from conditions that occurred before entering the Army (EPTS [Existed Prior to...
AF | PDBR | CY2013 | PD-2013-01922
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The exam noted full flexion and abduction, with painful ROM and an MEB was recommended.At the MEB examination on 8 April 2004, 6 months prior to separation, the CI reported shoulder pain, specifically noting “cannot...
AF | PDBR | CY2013 | PD-2013-01382
If the Board judges that two or more conditions are reasonably justified as separately unfitting, then each separate condition must be rated IAW the VASRD §4.71a. Accordingly, the Board does not recommend a separate disability rating for the functional bowel symptoms. Right Hip Pain .
AF | PDBR | CY2012 | PD2012 01934
The left knee condition was characterized as “chronic left knee pain status post lateral release” and “iliotibial band syndrome.” These two conditions were forwarded to the Physical Evaluation Board (PEB), IAW SECNAVINST 1850.4E. Other PEB Condition . The other PEB condition was, “Chronic left knee pain, status post lateral release.” This condition was adjudicated by the PEB as Category II (related to and contributing to the unfitting ITBS condition).The Board determined that this...
AF | PDBR | CY2011 | PD2011-00384
SCOPE OF REVIEW : The Board’s scope of review, as defined in DoDI 6040.44, is limited to those conditions which were determined by the PEB to be unfitting for continued military service; or, when requested by the CI, those condition(s) identified but not determined to be unfitting by the PEB. Left hip condition . At his Army MEB exam, the CI reported that he was having some left hip pain.