RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020428
NAME: XXXXXXXXXXX
CASE NUMBER: PD1200722
BOARD DATE: 20121214
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (44B/Welder), medically separated for
chronic bilateral ankle pain, due to right talar osteochondritis dissecans lesion and left ankle
chondromalacia. The CI first reported right ankle pain during training in 1996. The CI
developed chronic bilateral ankle pain and was treated with pain medications and physical
therapy. The chronic bilateral ankle pain, due to right talar osteochondritis dissecans (OCD)
lesion and left ankle chondromalacia condition could not be adequately rehabilitated. The CI
did not improve adequately with treatment 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 forwarded right lateral
talar osteochondritis dissecans lesion and left ankle chondromalacia conditions with no other
conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic
bilateral ankle pain, due to right talar OCD lesion and left ankle chondromalacia condition as
unfitting, rated 10%, with cited application of the US Army Physical Disability Agency (USAPDA)
pain policy. The CI made no appeals and was medically separated with a 10% disability rating.
CI CONTENTION: “My condition has worsened since my last review. My military related
disability has hindered me from gaining employment of my field.”
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:
VA (13 Mos. Post‐Separation) – All Effective Date 20020429
Service IPEB – Dated 20020110
Condition
Code
Rating
Chronic Bilateral Ankle
Pain
5099‐5003
10%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Condition
Left Ankle Chondromalacia
Right Ankle Lateral
Osteochondritis Dissecans
Lesion
Code
5271
Rating
10%
Exam
20030611
5271
10%
20030611
0% X 4 / Not Service‐Connected x 1
Combined: 20%
No VA rating change through VARD dated August 2006
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the worsening of his service‐incurred ankle conditions and the hindrance of
employment. The Board wishes to clarify that it is subject to the same laws for disability
Ankle ROM
Dorsiflexion (0‐20⁰)
Plantar Flexion (0‐45⁰)
Comment
10⁰
25⁰
10⁰
25⁰
Bilateral ankles: + effusion (trace); +
tenderness to palpation; normal subtalar
motion; (‐) talar tilt & anterior drawer;
motor strength 5/5; sensation intact
MEB exam
and ROM
used for
rating
Right
15⁰
45⁰
With pain; crepitus; x‐
ray right ankle
subchondral lucency
entitlements as those under which the Disability Evaluation System (DES) operates. 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. However the Department of Veterans Affairs
(DVA), operating under a different set of laws (Title 38, United States Code), is empowered to
compensate all service‐connected conditions and to periodically reevaluate said conditions for
the purpose of adjusting the Veteran’s disability rating should his degree of impairment vary
over time. The Board utilizes DVA evidence proximal to separation in arriving at its
recommendations; and, DoDI 6040.44 defines a 12‐month interval for special consideration to
post‐separation evidence. The Board’s authority as defined in DoDI 6040.44, however, resides
in evaluating the fairness of DES fitness determinations and rating decisions for disability at the
time of separation and is limited to conditions adjudicated by the PEB as either unfitting or not
unfitting. Post‐separation evidence therefore is probative only to the extent that it reasonably
reflects the disability and fitness implications at the time of separation.
Chronic Bilateral Ankle Pain, Due to Right Talar OCD Lesion and Left Ankle Chondromalacia
Condition. 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.
MEB ~5 Mo. Pre‐Sep
VA C&P ~14 Mo. Post‐Sep
Left
Right
Left
§4.71a Rating
10%
10%
10%
10%
At the MEB exam performed 5 months prior to separation the CI reported a 4 year history of
bilateral ankle pain with intermittent swelling. He reported pain with walking greater than 50
yards and with standing greater than 10 minutes. He reported 8/10 pain flare‐ups with right
greater than left. He denied improvement in pain with pain medications, bracing and physical
therapy. X‐rays of bilateral ankles were remarkable for evidence of right lateral talar OCD. The
X‐ray findings suggestive of right lateral talar OCD were confirmed by magnetic resonance
imaging (MRI). The MRI also demonstrated left ankle chondromalacia. The MEB physical exam
noted bilateral trace ankle joint effusions and tenderness to palpation anterolaterally and over
the lateral malleolus. The motor and neurologic exams were normal and the gait was not
noted. The bilateral ankle exams are summarized above. The CI was offered surgical
intervention and (reasonably) declined. The examiner’s description of current functional status
included: “(the CI) is unable to walk over uneven terrain without significant ankle pain. Impact
on duty performance: The bilateral ankle pain has significantly affected his ability to perform
the duties of his MOS.”
At the VA Compensation and Pension (C&P) exam performed 14 months after separation, the CI
reported stiffness of the right ankle in the morning and stiffness with swelling by the end of the
work day. The CI reported the use of a brace and a cane for the right ankle pain. He noted that
weather and barometric pressure changes cause flare‐ups. The VA exam noted painful right
ankle ROM, as listed above. The examiner did not have access to the medical records. The
exam is summarized above and was also significant for “crepitus around the right lateral
malleolus, especially along the area of the talar bone.” There was no VA exam of the left ankle.
2 PD12‐00722
The Board directs attention to
The PEB rated the bilateral ankle conditions under the single disability analogous 5003
degenerative arthritis code. This coding approach is countenanced by AR 635‐40 (B.24 f.), and
was IAW the USAPDA pain policy. However, IAW DoDI 6040.44 the Board must apply only
VASRD guidance to its recommendation. The Board must therefore apply separate codes and
ratings in its recommendations if compensable ratings for each joint are achieved IAW VASRD
§4.71a. The Board must exercise the prerogative of separate fitness recommendations in this
circumstance, with the caveat that its recommendations may not produce a lower combined
rating than that of the PEB. If the Board judges that two or more separate ratings are
warranted in such cases, however, it must satisfy the requirement that each “unbundled”
condition was reasonably unfitting. The Board first considered if the left and right ankle
conditions, having been de‐coupled from the combined PEB adjudication for both ankles, each
remained reasonably unfitting. Each ankle had radiographic pathology and most treatment
notes were for bilateral ankle pain on numerous and repeated occasions. Each ankle had been
noted with L3 profile restrictions, but at different times within the 12‐months prior to
separation; with the most recent profile listing only the right ankle and the commander’s
statement, following that profile, which noted only the right ankle pain as interfering with duty
performance. The NARSUM indicated the right ankle was more symptomatic than the left and
that each ankle separately did not meet standards. The MEB listed each ankle separately. All
members agreed that the right and left ankle conditions were each reasonably unfitting. Since
§4.71a criteria are met for separate joint ratings in this case, the Board is pursuing separate
rating and fitness evaluations as follows.
its rating
recommendation based on the above evidence. As discussed above, the PEB combined the left
and right ankle conditions and assigned a single 10% rating IAW the USAPDA pain policy. 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%. All exams met the 10% criteria for each ankle
with consideration of VASRD §4.59 (painful motion), §4.40 (functional loss) and §4.45 (the
joints).
After due deliberation, the Board agreed that the preponderance of the evidence with regard
to the functional impairment of right and left ankles favor its recommendation as both
separately unfitting conditions for disability rating. 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 OCD condition coded 5299‐5271, and 10% for the left ankle chondromalacia
condition coded 5014‐5271 IAW VASRD §4.71a.
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 bilateral ankle pain was operant in this case and
the condition was adjudicated independently of that policy by the Board. 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 10%,
and right ankle OCD condition coded 5299‐5271 and rated 10%; both IAW VASRD §4.71a.
There were no other conditions within the Board’s scope of review for consideration.
3 PD12‐00722
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
VASRD CODE RATING
5299‐5271
5014‐5271
COMBINED (w/ BLF)
10%
10%
20%
UNFITTING CONDITION
Right Ankle lateral talar osteochondritis dissecans
Left Ankle Chondromalacia
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120613, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXXXXX, 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 XXXXXXXXXXXXXXXX, AR20130000107 (PD201200722)
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:
Encl
XXXXXXXXXXXXX
Deputy Assistant Secretary
4 PD12‐00722
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD12‐00722
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