RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20031020
NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200689
BOARD DATE: 20121127
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (88M/Motor Transport Operator), medically
separated for chronic pain right ankle status post (S/P) open reduction internal fixation (ORIF)
of supination external rotation IV ankle fracture. The CI injured her right ankle roller skating
and underwent surgery. She continued to have activity driven chronic pain. Her chronic right
ankle pain condition could not be adequately rehabilitated and she was unable to meet the
physical requirements of her Military Occupational Specialty (MOS) or satisfy physical fitness
standards. She was issued a permanent L3 profile and referred for a Medical Evaluation Board
(MEB). The MEB forwarded no other conditions for Physical Evaluation Board (PEB)
adjudication. The PEB adjudicated the chronic pain, right ankle condition as unfitting, rated 0%
with cited application of the US Army Physical Disability Agency (USAPDA) pain policy. The CI
made no appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: The CI elaborated no specific contention in her application.
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. 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:
Service PEB – Dated 20030818
Condition
Code
Rating
VA (5 Mos. Post‐Separation) – All Effective Date 20031021
Code
Rating
Exam
Condition
Residuals of Right Ankle
Fracture, Status Post‐Operative
Open Reduction and Internal
Fixation
Chronic Pain, Right
Ankle...
5099‐5003
0%
5299‐5271
0%
20040308
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
0% X 1 / Not Service‐Connected x 3
Combined: 0%
ANALYSIS SUMMARY:
Chronic Pain Right Ankle S/P ORIF of Supination External Rotation IV Ankle Fracture Condition.
In June 2002 the CI sustained a right ankle injury while roller skating. Two days post‐injury the
CI underwent an ORIF of a supination external rotation IV ankle fracture with transsyndesmotic
disruption. Three months after surgery the CI continued to have pain and the transsyndesmotic
screw was removed. Despite screw removal, physical therapy, analgesics, and activity
modification, the CI continued to have persistent right ankle anterior pain with weight bearing
Right Ankle ROM
Dorsiflexion (0‐20⁰)
Plantar Flexion (0‐45⁰)
Eversion (0‐25⁰)
Inversion (0‐35⁰)
Comment:
See comment
30⁰
6‐weeks post ‐op; Lack five
degrees to neutral of
dorsiflexion; moderate soft
tissue swelling, 4+/5
strength at end of available
range; unable to perform
single leg calf raise
0⁰
48⁰
70⁰
30⁰
10⁰
15⁰
Firm end point to dorsiflexion;
“pain with attempts at further
dorsiflexion beyond 0⁰”;
moderate swelling; no pain
on passive ankle motion; TTP
No tenderness to palpation,
normal gait and neurologic
exam; mild functional loss of
range of motion due to pain
(see text)
that radiated up her leg. The goniometric range‐of‐motion (ROM) evaluations in evidence
which the Board weighed in arriving at its rating recommendation, with documentation of
additional ratable criteria, are summarized in the chart below.
PT ~14 Mo. Pre‐Sep
Narsum ~3 Mo. Pre‐Sep
VA C&P ~5 Mo. Post‐Sep
§4.71a Rating
10%
10% (PEB 0%)
10% (VA 0%)
At the MEB exam, 3 months prior to separation, the CI reported pain worse with bad weather
and impact activity. She reported that wearing tennis shoes and avoiding impact activities
controlled her discomfort. The MEB physical exam noted tenderness to palpation at the
anterolateral ankle region with moderate soft tissue swelling. X‐rays demonstrated a healed
fibular fracture with good alignment and no evidence of degenerative joint disease. Her profile
limitations were run at own pace and distance, no marching, and no PFT run, walk, or bicycle.
The exam is summarized above, and did not specifically address gait. At the VA Compensation
and Pension (C&P) exam 5 months after separation, the CI reported 7/10 pain with 10/10
activity dependent painful exacerbations. She reported that exacerbations decreased her
functional level by 50%. She reported inability to walk long distances, run, or jump. She used
Fioricet (narcotic) and topical pain creams for pain management. She did not use a brace. The
VA exam demonstrated no tenderness to palpation, normal gait and normal anatomical ROM.
The examiner’s diagnosis indicated “Right ankle fracture, status post ORIF with mild functional
loss of range of motion due to pain.”
The Board directs attention to its rating recommendation based on the above evidence. The
PEB adjudicated the chronic pain, right ankle condition as unfitting, rated at 0%, and coded
5099‐5003 citing the USAPDA pain policy. The VA coded the right ankle 5299‐5271, analogous
to ankle limitation of ROM, and rated it at 0%. The Board considered the C&P dorsiflexion of 70
degrees was inconsistent with prior ROM measurements, or would have indicated significant
ankle joint abnormality given the normal 0‐20 degrees normal ankle dorsiflexion ROM and the
anatomy of the ankle. The Board adjudged that as there was no significant evidence of
abnormal gait proximate to separation, that limitation of motion could not be characterized as
“Marked” (20%) under 5271 (Ankle, limited motion). There was no evidence of ankle
instability. The Board deliberated between coding under 5271 as “Moderate” (10%) and use of
code analogous 5003 with application of VASRD §4.59 (painful motion). All exams indicated
either pain‐limited ROMs or functional loss of ROM due to pain. 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 ankle condition coded 5099‐5003.
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 for rating the right ankle condition was operant in this case
and the condition was adjudicated independently of that policy by the Board. In the matter of
the right ankle condition, the Board unanimously recommends a disability rating of 10%, coded
2 PD12‐00689
5099‐5003 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 Pain Right Ankle Status Post (S/P) Open Reduction Internal
Fixation of Supination External Rotation IV Ankle Fracture
VASRD CODE RATING
5099‐5003
10%
10%
COMBINED
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120611, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXX, 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 XXXXXXXXXXXXXXXXX, AR20120022729 (PD201200689)
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:
3 PD12‐00689
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD12‐00689
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