RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20031001
BRANCH OF SERVICE: ARMY
NAME: XXXXXXXXXXXXXXX
CASE NUMBER: PD1200654
BOARD DATE: 20121115
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (68S/Armament Avionics Repair) medically
separated for a chronic left ankle pain condition. He injured his ankle in 1998, and was
eventually diagnosed with a traumatic bone fusion. He subsequently underwent unsuccessful
surgical intervention; and, the joint could not be adequately rehabilitated to meet the physical
requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness standards.
He was consequently issued a permanent L3 profile and referred for a Medical Evaluation Board
(MEB). The ankle condition was forwarded to the Physical Evaluation Board (PEB) as medically
unacceptable IAW AR 40‐501. No other conditions were submitted by the MEB. The PEB
adjudicated the chronic left ankle pain condition as unfitting, rated 10%, citing criteria of the
Veterans Administration Schedule for Rating Disabilities (VASRD) and AR 635‐40. The CI made
no appeals, and was medically separated with 10% disability rating.
CI CONTENTION: The application does not elaborate any specific comments or requests.
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in
Department of Defense Instruction (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 rating for the unfitting chronic left ankle pain
condition is addressed below. 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 the Correction of Military Records.
RATING COMPARISON:
Service PEB – Dated 20030630
Code
Condition
5010
No Additional MEB/PEB Entries
Chronic Left Ankle Pain...
Rating
10%
Combined: 10%
VA (1 Mo. Post‐Separation) – Effective 20031002
Condition
Code
Surgical Residuals, Left Ankle
5010‐5271
Not Service Connected x 2
Combined: 20%
Rating
20%
Exam
20031107
20031107
ANALYSIS SUMMARY:
Left Ankle Condition. The CI injured his left ankle in July 1998 on assignment to Korea. It was
run over by a heavy piece of towed equipment on the flight line; and, was initially managed as a
ligamental injury after a negative X‐ray. His pain worsened and serial imaging ultimately
confirmed a traumatic fibrous coalition of the talus to the calcaneus. In September 2002 he
underwent arthroscopic debridement in an attempt to free adhesions and decompress the
joint. Post‐operatively, however, the pain worsened. Radiographs at that time revealed
degenerative changes at the talocalcaneal joint, but no evidence of complete coalition. A
further trial of physical therapy (PT) and conservative measures provided no pain relief or
functional improvement, and the MEB was initiated. The narrative summary (NARSUM) noted
constant pain rated 2‐3/10, exacerbated to 8‐9/10 with “prolonged activity or aggressive
physical activity”; and, an inability to run more than 10‐15 steps. It was further noted that with
prolonged walking the CI was forced to assume an awkward foot position to minimize his ankle
pain, although routine gait was normal. The physical exam noted posterior circumferential
tenderness of the talocalcaneal joint and 5/5 motor strength. The VA Compensation and
Pension (C&P) examiner noted constant pain variable at 3‐9/10 with an inability to tolerate
walking further than a half mile. The VA physical exam noted a “marked decrease in laxity” and
“coordination markedly diminished” with DeLuca provocation. The goniometric range‐of‐
motion (ROM) evaluations in evidence which the Board weighed in arriving at its rating
recommendation are summarized in the chart below.
MEB PT
~11 Mos. Pre‐Sep
NARSUM
~3 Mos. Pre‐Sep
VA C&P
~1 Mo. Post‐Sep
Left Ankle ROM
Dorsiflexion (20⁰ Normal)
Plantar Flexion (45⁰)
35⁰
35⁰
10⁰
40⁰
20⁰
20⁰
The Board directs attention to its rating recommendation based on the above evidence. The
PEB’s 10% rating under 5010 (traumatic arthritis, defaulting to 5003 criteria) cited “with loss of
joint motion”. The VA’s coding defaulted to criteria of 5271 (limited motion), citing ‘marked’
limitation to achieve the maximum 20% rating under the code. In the absence of ankylosis
(frozen joint) or deformity, neither of which was in evidence, there is no available joint code
under VASRD §4.71a that would achieve a rating higher than the VA’s approach. The only
alternate rating under 5271 is 10% for ‘moderate’ limitation. Members deliberated if a
recommendation for a 20% rating under 5271 could be supported. Although the ROM
measurements in evidence did not suggest more than a 50% reduction in either plane of
motion at baseline; the VA examiner’s DeLuca comments and the NARSUM description of the
gait impediment induced by continued ambulation would support a conclusion that the
functional limitation could be fairly characterized as ‘marked.’ After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board
recommends a disability rating of 20% for the left ankle condition under VASRD code 5299‐
5271.
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, the Board unanimously recommends
a disability rating of 20%, coded 5271, IAW VASRD §4.71a. There were no other conditions
within the Board’s scope of review for consideration.
2 PD12‐00654
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation.
VASRD CODE RATING
5299‐5271
COMBINED
20%
20%
Surgical Residuals, Left Ankle
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120604, 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 / XXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXX, AR20120022725 (PD201200654)
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 20% 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:
3 PD12‐00654
Encl
XXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD12‐00654
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