RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE: PD1200678 SEPARATION DATE: 20020601
BOARD DATE: 20121212
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (12B1P/Combat Engineer), medically
separated for chronic right lower extremity pain. The CI incurred a right tibiofibular fracture on
parachute landing in January 2001 requiring multiple surgeries. He 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). Status post (s/p) right tibiofibular fracture with
compartment syndrome and fasciotomy and intrameduallry nailing of tibiofibular fracture were
forwarded to the Informal Physical Evaluation Board (IPEB) as medically unacceptable IAW AR
40‐501, 3‐41e. The IPEB adjudicated right lower extremity pain following a tibial‐fibula fracture
as unfitting rated 10%. The CI appealed to a Formal PEB (FPEB), which adjudicated chronic right
lower extremity pain following tibia‐fibula fracture as unfitting rated at 20%; and he was thus
medically separated with a 20% disability rating.
CI CONTENTION: “I am currently being treated for Complex Regional Pain Syndrome, which has
developed as a result the compartment syndrome which occurred at the time of the
injuries/accident. I have also developed lower back problems due to the 1 inch limb length
discrepancy [sic], and which has additionally caused sciatica of the left leg. I am unable to
exercise, as well as do many routine daily activities. On days when the pain is really bad, I walk
with a severe limp. I have had to change careers, taking an office job, in order to get away from
labor intensive activities. Even with my career change, I still miss many days of work due to the
chronically poor condition of my lower body. I have spent countless nights awake due to pain,
unable to sleep. I still continue to have swelling in the injured leg, and periodically the
fasciotomy scars will still bleed, scab over, then heal back, for no explained reason. I have no
stability in the ankle of the injured leg. I have to wear an ankle brace religiously to prevent the
ankle from twisting, and the foot from dropping, and rolling on me constantly (unable to walk
on any uneven surface). I have developed depression because these injuries have so drastically
changed my life. Unable to do many of the things I loved to do, and unable to many of the
things I still need to do. I have recently been consulted by the VA to a private pain specialist to
discuss the possibility of implanting a spinal cord stimulator to try to manage the pain better,
and help me regain some normal function. I honestly don't know how much longer I can go on
like I have. I am unable to take the really strong narcotics and still be able to work, and think
straight. Therefore I have stayed with non‐narcotic drug therapies up to this point. I have
developed GERD due to all of the pain medications & Ibuprophen (800mg) that I take
constantly. Each time the VA has granted me a disability rating for one condition, they have
taken away that percentage for another condition, therefore keeping my total combined rating
from increasing.”
SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3,
paragraph 5.e.(2). It is limited to those conditions determined by the PEB to be unfitting for
continued military service and those conditions identified but not determined to be unfitting by
the PEB when specifically requested by the CI. Ratings for unfitting conditions will be reviewed
in all cases. The chronic right lower extremity pain as requested for consideration meets the
Chronic Right Lower
Extremity Pain
5299‐5262
20%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
Condition
Status Post Right Distal Tibia and
Fibula Fracture
Medial Right Leg Scar
Lateral Right Leg Scar
Right Ankle Scars
Left Hip Iliotibial Band
Syndrome
Code
5262
8627‐7804
7804
7804
5099‐5024
Combined: 20%
Rating
0%*
10%
0%
0%
10%
Exam
20030414
20030414
20030414
20030414
20030414
criteria prescribed in DoDI 6040.44 for Board purview; and is addressed below. Lower back
problems, sciatica of the left leg, depression, gastroesophageal reflux disease (GERD) and 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. Also IAW DoDI 6040.44, the Board’s authority is limited to
making recommendations on correcting disability determinations. The Board’s role is thus
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to Veteran’s Administration Schedule for Rating Disabilities
(VASRD) standards, based on ratable severity at the time of separation. The Board
acknowledges the CI’s information regarding the significant impairment with which his service‐
connected conditions continues to burden him; but, must emphasize that the Disability
Evaluation System (DES) has neither the role nor the authority to compensate members for
anticipated future severity or potential complications of conditions resulting in medical
separation. That role and authority is granted by Congress to the Department of Veterans’
Affairs (DVA), operating under a different set of laws.
RATING COMPARISON:
VA ‐ (10 Mos. Post‐Separation) All Effective Date 20020602
Service FPEB – Dated 20020319
Condition
Code
Rating
Based on VARD 20030626 (most proximate to date of separation)
*Changed to 10% effective 20030721; 20% effective 20040126.
ANALYSIS SUMMARY:
Chronic Right Lower Extremity Pain Condition. On 9 January 2001, the CI incurred right mid
shaft tibia and fibular spiral fractures in a parachute jump and underwent surgical open
reduction and fixation of the tibial fracture on 13 January 2001. Post operatively he developed
a compartment syndrome of the right lower leg and underwent a fasciotomy procedure on
14 January 2001. Following initial recovery from surgery, the CI continued to experience pain in
the fracture site as well as the knee and ankle with activity. The tibial nail was prominent and
painful, and the fracture was not healing. On 19 October 2001, the CI underwent removal and
replacement of the orthopedic hardware. Post operative recovery was satisfactory; however
he had some residual knee pain, antero‐lateral ankle pain, and heel pain. At the time of follow
up in the orthopedic clinic on 14 November 2001, the surgical incisions were well healed and
the knee had near completely full range‐of‐motion (ROM). There was mild tenderness at the
surgical site, and tenderness of the anterolateral ankle and the heel. The orthopedic surgeon
concluded referral for MEB was advisable due to persisting discomfort at the ankle and his
opinion that further improvement would occur over a prolonged period of many months or
even years. At the time of an 11 December 2001 orthopedic follow up evaluation, there was
continued anterior knee pain and anterolateral ankle pain. The surgeon indicated that the
ankle pain was the predominant problem and thought it to be due to either synovitis or
impingement. The anterior knee pain was thought to be due to surgery and expected to
continue to improve. An X‐ray demonstrated well placed hardware and satisfactory fracture
healing. An 11/16th of an inch leg length discrepancy on the injured extremity and a history of
2 PD1200678
recurring left iliotibial band syndrome since prior to the leg fracture was noted in examinations.
The MEB narrative summary (NARSUM) performed on 17 January 2002 cited recent
examinations. A physical therapy ROM examination of the right ankle documented mild
limitation of right ankle motion in dorsiflexion (14 degrees), and mild weakness of right ankle
movement compared to the left. In a memorandum to the PEB, the CI reported continued
ankle pain and heel pain. At the VA Compensation and Pension (C&P) examination, performed
on 14 April 2003, 10 months after separation, the CI reported intermittent knee and ankle pain
particularly with prolonged standing. Pain at the fracture site limited his job opportunities. On
examination there was no tenderness, swelling, or discoloration of the ankle, knee or foot. The
ROM was normal for both the right knee (extension 0 degrees, flexion 140 degrees) and right
ankle (dorsiflexion 20 degrees, plantar flexion 45 degrees) without instability. There were
numerous surgical scars but otherwise the
lower extremity was without swelling or
discoloration. X‐rays demonstrated a healed fracture with retained hardware and good
alignment. CI reports treatment for complex regional pain syndrome after separation, however
there was not objective evidence of this generalized regional pain syndrome at the time of the
MEB and PEB or the first C&P examination.
The Board directs attention to its rating recommendation based on the above evidence. Both
the PEB and VA rated the condition using the VASRD diagnostic code 5262, impairment of tibia
and fibula. The PEB rated 20% for moderate knee or ankle disability based on examinations
2 months after the second surgery while the VA rated 10% for slight ankle or knee disability
based on the C&P examination performed 18 months after the second surgery. The Board
discussed whether the condition at the time of separation more nearly approximated the 30%
rating under this code (5262) than the 20% rating adjudicated by the PEB but concluded that it
did not. The Board also considered whether separate ratings for the knee and ankle were
warranted but noted that by the time of the PEB, the knee had improved significantly with full
ROM such that a compensable rating would not result. The ankle examination results
supported a 10% rating providing no benefit to the CI. The leg length discrepancy noted in the
NARSUM does not attain a minimum rating under the code for leg length discrepancy. The
Board agreed that the C&P examination supported a 10% evaluation. 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 right lower extremity pain 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 chronic right lower extremity pain 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.
3 PD1200678
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5299‐5262
COMBINED
20%
20%
Chronic Right Lower Extremity Pain
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120601, 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 / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20130000019 (PD201200678)
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
XXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200678
5 PD1200678
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AF | PDBR | CY2012 | PD-2012-00912
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