RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020402
NAME: XXXXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200562
BOARD DATE: 20121220
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (95B10/Military Police), medically separated
for a right foot condition following injury to the sesamoid bone of the great toe (hallux). The CI
did not improve adequately with surgical and post rehabilitative treatment to meet the physical
requirements of her Military Occupational Specialty (MOS), worldwide deployment standards
or physical fitness standards. She was issued a permanent L3 profile and referred for a Medical
Evaluation Board (MEB). Chronic right foot pain was forwarded to the Physical Evaluation
Board (PEB) IAW AR 40‐501. No other condition was forward by the MEB. The PEB adjudicated
the chronic right foot pain following injury to the sesamoid bone, status post (s/p) tibial
sesamoid excision with continued area pain condition as unfitting rated 0%, with likely
application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI made no
appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: “ISSUE THAT FOUND ME UNFIT WAS RESIDUALS OF RIGHT FOOT
INJURY…..THIS DOESNT [SP] INCLUDE THE DAMAGE TO THE RIGHT ANKLE, LEFT ANKLE AND
FOOT, RIGHT AND LEFT KNEES, BACK, RIGHT SHOULDER OR MIGRAINES.”
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 foot condition as requested for
consideration meet the criteria prescribed in DoDI 6040.44 for Board purview; and, is addressed
below. The other requested conditions [right ankle, left ankle and foot, left knee and right
shoulder], and the remaining conditions rated by the VA at separation [right knee, low back and
migraines] are 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 (~16 Mos. Post‐Separation) – All Effective Date 20020403
Code
Rating
Exam
Service IPEB – Dated 20020225
Condition
Code
Rating
Chronic Right Foot Pain
Following Injury To The
Sesamoid Bone, Status
Post Tibial Sesamoid
Excision with Continued
Area Pain
5299‐5003
0%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Condition
Residuals of Right Foot Injury,
Status Post Tibial
Sesamoid Excision For Fracture
of Sesamoid Bone, with
Aggravation of Metatarsus
Varus and Hallux Valgus
With Bunion, Also Claimed As
Right Great Toe Condition
Migraines
Chronic Right Patellofemoral
Syndrome with Mild
Patellar Tendonitis
5284
20%*
20030909
8100
5261
30%
10%
20030909
20030909
Chronic Mild Lumbar Muscular
Spasms, Secondary To
Spinal Anesthesia
5295
10%
20030909
Combined: 0%
Combined: 60%
*Initial VARD assigned a 10% then increased to 20% from 20030909 exam.
ANALYSIS SUMMARY:
Right Foot Condition. In November 2000, while on patrol, the CI stepped in a pothole and
injured her right foot. She was conservatively treated by orthopedics for a confirmed fracture
on a bone scan of the sesamoid bone in her right great toe. She was intermittently returned to
duty but her pain persisted, especially with running, walking thus she opted for definitive
surgical care with excision of fragments. The postoperative care was uneventful yet her pain
persisted despite 6 more months of conservative, rehabilitative care. The permanent profile
identified foot surgery as the medical condition with the following limitations; walk at own pace
and distance, no walking on uneven terrain and no physical training testing. The commander’s
statement additionally documented her inability; to climb in and out of vehicles, do foot patrols
or chase subjects which were duties of her MOS. The commander further documented she was
working a desk job and had numerous appointments preventing her from completing her
assigned desk duties.
At the MEB exam, 2 months prior to separation, the CI reported; right foot pain, 5 to 7 of 10 in
intensity depending on her activities, she walked with a limp, wore a controlled ankle motion
(CAM) walker to protect her foot, was unable to climb up or down stairs or jump without pain,
and she was performing a sedentary job. The MEB physical exam demonstrated a well healed
surgical scar of the right great toe with tenderness and decrease sensation near the scar and
otherwise normal ankle ROM. The exam was silent to the ROM of the right great toe, gait or
CAM walker use. X‐rays revealed excision of the tibial sesamoid and normal bone stock. The
examiner diagnosed chronic right foot pain.
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). The earliest VA Compensation
and Pension (C&P) exam was performed 17 months after separation. The VA’s original rating
decision utilized the MEB and service treatment record (STR) as their evidence. The Board’s
operative instruction, DoDI 6040.44, specifies a 12‐month interval for special consideration to
VA findings. This does not mean that the later VA evidence was disregarded, but the Board’s
recommendations are directed to the severity and fitness implications of conditions at the time
of separation. The PEB and VA chose different coding options for the condition IAW §4.71a—
Schedule of ratings–musculoskeletal system which had significant implications on the rating for
the Board to consider. The PEB assigned a 0% rating under the 5003 (arthritis, degenerative)
for no loss of motion of the contiguous joint. While this is supported by the criteria of that
code, the Board notes the evidence is silent to ROM or painful motion of the great toe and
therefore IAW VASRD §4.7 (higher of two evaluations), agreed to examine the documented
ratable data and its applicability to other VASRD codes which would achieve a higher rating in
consideration of VASRD §4.10 and §4.40. The Board considered rating analogous to the more
clinically specific code 5280 (Hallux valgus, unilateral) and recognizes a 10% rating is the
maximum allowable with this code. The Board also considered the VA’s chosen code 5284
(Foot injuries, other) and agreed the pain evidence does not approach the ‘severe’ criteria
under the 5284 and clearly meets the ‘moderate criteria’. The Board notes the VA’s original
decision assigned 10% rating for moderate pain and did not meet the threshold of ‘moderately
severe’ symptoms with the MEB evidence. The Board further recognizes the VA rating decision
retroactive to the date of separation, subsumed worsening disease with citation of further
2 PD1200562
surgery in August 2002 and subsumed the prior fracture of the sesamoid bone from the service
to allow a 20% rating for ‘moderate severe’ symptoms. The Board deliberations surrounded
‘moderate’ versus ‘moderate severe’. The Board notes the VA physical exam is consistent with
the moderately severe criteria, however is inconsistent with her employment history as a
fulltime racquetball director fulltime without loss of time from work. Therefore the Board
agreed the condition at the time of separation best fits the ‘moderate’ criteria. After due
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the
Board recommends a disability rating of 10% for the right foot 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 right foot condition, the Board unanimously recommends
a disability rating of 10%, coded 5299‐5284 IAW VASRD §4.71a. There were no other conditions
within the Board’s scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of her prior medical separation:
UNFITTING CONDITION
Chronic Right Foot Pain Following Injury To The Sesamoid Bone,
Status Post Tibial Sesamoid Excision with Continued Area Pain
VASRD CODE RATING
10%
5299‐5284
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXX, 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 XXXXXXXXXXXXXXXXXX, AR20130000633 (AR201200562)
3 PD1200562
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 10% 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:
CF:
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
( ) DoD PDBR
( ) DVA
4 PD1200562
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