RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20020820
NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200485
BOARD DATE: 20130103
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (73D20/Accounting Specialist), medically
separated for left ankle fracture status post arthrodesis. The CI fractured his left ankle in 1993.
Over the next 8 years, he underwent four surgical procedures as well as extensive
rehabilitation. Despite this, he did not improve adequately 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
adjudicated the left ankle pain condition as medically unfitting. It was the only condition
forwarded to the Physical Evaluation Board (PEB) for consideration. The PEB adjudicated the
left ankle condition as unfitting, rated 20% with application of the Veteran’s Affairs Schedule for
Rating Disabilities (VASRD). The CI made no appeals and was medically separated with a 20%
disability rating.
CI CONTENTION: “Full medical review was not conducted at the time of PEB proceeding. The
orthopedic doctor wanted to submit to a board. RACH commander did not want to hold me
past my ETS. So they processed only on the leg to speed up the process.”
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 full medical review requested is 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:
VA (5 Mos. Pre ‐Separation) – All Effective Date 20020821
Service IPEB – Dated 20020719
Condition
Code
5270
Rating
20%
Lt Ankle Fx S/P Arthrodesis
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
Condition
Arthritic Changes Lt Ankle
Sinusitis
Lt Shoulder…
Diverticulosis
Scar Lt Hip
Residuals of BM Asp... Back
Residuals of BM Asp… Rt Hip
Residuals of BM Asp… Lt Hip
Roscea
Code
5271
6513
5203
7319
7804
5251
5251
5299‐5292
Rating
10%
10%
10%
10%
10%
10%
10%
10%
10%
Exam
20020307
20020307
20020307
20020307
20020307
20020307
20020307
20020307
20020307
20020307
7899‐7806
0% X 4 / Not Service‐Connected x 1
Combined: 60%
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. The Board has neither the jurisdiction nor authority to scrutinize or render opinions
in reference to the CI’s statements in the application regarding suspected DES improprieties in
the processing of his case.
Left Ankle Condition. There were three 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.
VA C&P ~5 Mo. Pre‐Sep
Ortho ~2 Mo. Pre‐Sep
0
0
MEB 2808 ~2 Mo. Pre‐Sep
0
0
No Pain
Good subtalar motion
Atrophy of gastrocnemius
Left Ankle ROM
Degrees
Dorsiflexion (0‐20)
Plantar Flexion (0‐45)
Comment
§4.71a Rating
10
25
10%
20%
20%
The CI first noted problems with his left ankle on 14 December 1992 when he was treated for a
sprain. Per the narrative summary (NARSUM), he fell down a set of stairs and fractured the left
talar dome. He underwent open reduction and internal fixation (ORIF) on 28 December 1993
with bone grafting and an intramedullary rod. He was treated post‐operatively with
medications, duty limitations and physical therapy (PT). Despite this, he had persistent pain
and was noted to have osteophytes at his 14 December 1994 orthopedic examination. At a
28 June 1995 orthopedic appointment, narrowed joint space and progressive talar dome
sclerosis were seen on X‐rays. On 16 April 1996, the CI had excision of anterior osteophytes
which were causing mechanical limitation in dorsi‐flexion and release of the Achilles tendon.
He continued to have pain and limitations in function leading to an arthrodesis on
12 December 2000. Slow healing was noted, and on 14 February 2001 the treating orthopedist
initiated an MEB. There were also numerous entries in the record that the CI continued to
smoke. Because of non‐union of the arthrodesis, on 24 August 2001 repeat ankle and subtalar
arthrodesis with intramedullary rod and tibial bone grafting was done. Post‐operative X‐rays
confirmed that the articular surfaces between tibia and talus were obliterated as well as the
talocalcaneal joint. Again, recovery was slow and complicated by continued smoking.
Alignment was good, but at the 25 February 2002 orthopedic follow‐up, the fusion was still
incomplete for talotibial joint although the talocalcaneal joint was fused. At the VA
Compensation and Pension (C&P) examination on 7 March 2002, 5 months prior to separation,
the CI reported pain, weakness, stiffness, swelling, inflammation, instability, locking, fatigue
and lack of endurance. He stated that he needed to use a brace at all times and crutches 50%
of the time. On examination, the feet did not show signs of abnormal weight bearing nor did he
use an assistive device for walking. Posture and gait were normal and there was no limitation
in walking or standing present. Swelling, instability, abnormal movement and weakness were
noted. The ROM was reduced, but without pain. With repetition, the ROM was additionally
limited (how much not specified) by fatigue, weakness, and lack of endurance with weakness
2 PD12‐00485
having the greatest functional impact. Sensation was noted to be decreased on the lateral
aspect and the Achilles reflex was absent. The motor examination of the lower extremities was
cited as normal, contradicting the examination specific to the ankle. The X‐rays showed severe
arthritic changes with a rod and screws present. At the MEB examination on 27 June 2002,
2 months prior to separation, the CI reported continued problems of the ankle without
movement (in the joint). The examiner noted paresthesias of the lateral aspect of the sole of
the left foot and atrophy of the gastrocnemius. The atrophy was not noted elsewhere in the
record. Both flexion and extension were zero degrees. The NARSUM was dictated on 3 July
2002, 6 weeks before separation. It appears that the orthopedic surgeon who did the dictation
relied on the examination he had done on 24 June 2002. The CI reported instability with stairs
and difficulties with military duties as well as walking and hiking. On examination, he was
noted to have normal light touch and motor function with good subtalar motion. Ankle motion
was zero degrees. There was no direct comment on instability; however, the examiner noted
“the remainder of the physical examination is normal.”
The Board directs attention to its rating recommendation based on the above evidence. It
noted the disparity between the C&P ROM measurements and those of the orthopedist who
dictated the NARSUM. The Board noted that the latter was more proximate, concordant with
multiple other examinations, and was done by an orthopedist. Accordingly, this examination is
given the highest probative value. The Board then considered the different coding options
available for the ankle. The PEB rated the knee at 20% and coded it 5270, ankle ankylosis. The
VA rated it at 10% and used the code 5271, limitation in motion. None of the coding options
for the ankle allow a rating higher than the 20% awarded by the PEB. The Board considered the
use of code 5262 for impairment of the tibia and fibula. It noted that for a 30% rating, marked
disability must be present. The orthopedist noted good motor function and stated that “the
remainder of the physical examination is normal” after commenting on ROM. The VA examiner
noted a normal gait and the use of no assistive devices. Neither of these examinations supports
a rating higher than moderate which provides not benefit to the CI. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the
Board concluded that there was insufficient cause to recommend a change in the PEB
adjudication for the left ankle 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. The Board did not
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the left ankle condition and IAW VASRD §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
5270
COMBINED
20%
20%
Left Ankle Fracture S/P Arthrodesis
UNFITTING CONDITION
3 PD12‐00485
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120531, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXX, AR20130000819 (PD201200485)
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:
Encl
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD12‐00485
AF | PDBR | CY2013 | PD-2013-02659
She was placed on limited duty twice and referred for a Medical Evaluation Board (MEB). The rating for the unfitting ankle condition is addressed below; no additional conditions are within the DoDI 6040.44 defined purview of the Board. The Board concluded therefore that this condition could not be recommended for additional disability rating.
AF | PDBR | CY2013 | PD-2013-01458
The left foot and ankle condition, characterized as “chronic left ankle and foot pain, status post multiple surgeries and subtalar arthrodesis, left ankle loss of motion, secondary to post-traumatic changes and surgery, left ankle and foot dysesthesia, secondary to cutaneous nerve injuries from multiple surgeries,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. No other conditions were submitted by the MEB.The PEB adjudicated all three conditions, described as: “chronic...
AF | PDBR | CY2013 | PD2013 00066
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AF | PDBR | CY2012 | PD 2012 01485
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AF | PDBR | CY2011 | PD2011-00745
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AF | PDBR | CY2012 | PD2012 01677
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AF | PDBR | CY2012 | PD2012 00941
The PEB adjudicated “pain left ankle and right wrist” as a single unfitting condition, rated 0% and “fusion of distal interphalangeal joint of the left non-dominant ring finger” as unfitting, rated 0%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). Pre-Separation) ConditionCodeRatingConditionCodeRatingExam Pain Left (this should be right)Ankle and Right Wrist5099-50030%Right Ankle Fracture5010-527110%*19990626Right Wrist, Residuals, status post (s/p)...
AF | PDBR | CY2010 | PD2010-01015
At the MEB examination, 25 August 2004, just under three months prior to separation, the CI noted that her pain was aggravated by standing and sitting and that she had swelling at the ankle and pain at the knee incision site. Board considered use of the 5262 code for malunion of the tibia and fibula with ankle impairment as it also described the medical condition including the pain which affected ankle function. Accordingly, the Board cannot use both code 8520 and 5262 for the right lower...
AF | PDBR | CY2012 | PD-2012-00722
The VA exam noted painful right ankle ROM, as listed above. The VA rated the left and right ankle conditions separately as follows; coded 5271 painful limitation of ROM at 10% each for an overall rating of 20%. In the matter of the chronic bilateral ankle pain, due to right talar OCD lesion and left ankle chondromalacia condition, the Board unanimously recommends that it be rated for two separate unfitting conditions as follows: left ankle chondromalacia condition coded 5014‐5271 and rated...
AF | PDBR | CY2012 | PD-2012-00392
The CI was thus medically separated with a 20% disability rating. The MEB examination 8 months prior to separation indicated that the CI may have had sleep apnea while in Iraq in 2005. The PEB adjudicated this condition as not unfitting and there was no 4 PD12‐00392 performance based evidence from the record that depressive disorder or any other mental health condition significantly interfered with satisfactory duty performance.