RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200838 SEPARATION DATE: 20021101 

BOARD DATE: 20130326 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty PVT/E-2 (12B10/Combat Engineer) medically 
separated for painful feet due to cold weather injury and peripheral neuropathy. He was 
treated but did not improve adequately to fully perform his military duties or meet physical 
fitness standards. He was issued a permanent L4 profile and underwent a Medical Evaluation 
Board (MEB). The MEB found his bilateral painful foot condition medically unacceptable IAW 
AR 40-501 and referred him to a Physical Evaluation Board (PEB). No other conditions were 
listed on the DA Form 3947. The PEB found the bilateral painful foot condition unfitting and 
rated it 20% IAW the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no 
appeals and was medically separated with 20% disability. 

 

 

CI CONTENTION: The CI elaborated no specific contention in his application. 

 

 

SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44, 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 conditions “identified but not determined to be 
unfitting by the PEB.” The unfitting foot condition (bilateral painful feet secondary to cold 
weather injury and peripheral neuropathy) meets the criteria prescribed in DoDI 6040.44 for 
Board purview and is accordingly addressed below. No other conditions are within the Board’s 
purview. Any condition outside the Board’s defined scope of review may be eligible for future 
consideration by the Army Board for Correction of Military Records. 

 

 

RATING COMPARISON: 

 

Army PEB – dated 20021017 

VA – All Effective 20021102 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Bilateral Painful Feet 
Secondary to Cold 
Weather Injury 

7122 

Left 

10% 

Cold Injury, Left Foot 

7122 

10%* 

STR* 

Right 

10% 

Cold Injury, Right Foot 

7122 

10%* 

STR* 

.No Additional MEB/PEB Entries. 

Not Service Connected x 3 

STR* 

Combined: 20% 

Combined: 20%* 



*The applicant failed to report for his VA exam scheduled for 20030311 and so the VA rated his condition based on the Service Treatment 
Record (STR). VA Rating for each foot was later increased to 20%, by a VA Rating Decision (VARD) dated 20040908, effective 20040324, based 
on their VA exam dated 20030513. This raised the combined rating to 40%. 

 

 

ANALYSIS SUMMARY: 

 

Bilateral Foot Pain. In February 2002, the CI developed pain in both feet after prolonged 
exposure to the cold. Both feet had intense burning and tingling, indoors and outdoors. He 
had difficulty wearing certain types of footwear. At times, he had pain during sleep. He was 
diagnosed with cold weather injury of the lower extremities. He was treated with medications, 
but his bilateral foot pain persisted and a MEB was initiated. The CI’s MEB clinical evaluation 
was in July 2002. Examination revealed decreased sensation distally in both lower extremities. 


Vibratory sense, position sense, and deep tendon reflexes (DTRs) were normal. Gait, toe walk, 
heel walk, and equilibrium were all normal. As noted above, the CI was medically separated 
from the Army on 1 November 2002. After separation he filed a claim with the VA, but failed to 
appear for his April 2003 VA Compensation and Pension (C&P) exam. 

 

The Board carefully reviewed all available evidence. The Board noted that the Army PEB 
characterized the unfitting condition as “Bilateral painful feet secondary to cold weather injury 
and small fiber peripheral neuropathy sustained in Feb 02.” The condition was coded 7122 
(cold injury residual). Each foot was rated separately at 10%, and the bilateral factor was 
applied, resulting in a combined rating of 20%. The VA also used diagnostic code 7122, and 
initially assigned a 10% rating to each foot, resulting in a combined rating of 20%. (The VA 
subsequently raised the rating to 20% for each foot in 2004 based on their C&P examination of 
13 May 2004, about 18 months after separation.) The Board deliberated at length with regard 
to whether or not each foot warranted a 10% or 20% rating at the time of separation. The 
Board discussed the question of what constitutes the definition of “locally impaired sensation” 
IAW the VASRD rating criteria. For the reader’s convenience, VASRD §4.104 language for the 
10% and 20% ratings under code 7122 is excerpted: 

 

Arthralgia or other pain, numbness, or cold sensitivity plus tissue 

loss, nail abnormalities, color changes, locally impaired sensation, 

hyperhidrosis, or X-ray abnormalities (osteoporosis, subarticular 

punched out lesions, or osteoarthritis) ............................................................20 

 

Arthralgia or other pain, numbness, or cold sensitivity ...................................10 

 

The MEB examiner on 26 July 2002 documented decreased sensation to pinprick and light 
touch, bilateral feet to ankles. During the gait exam, the CI stated he felt “as if he was walking 
on glass.” However, the VA, using the same evidence also arrived at the same rating conclusion 
as the PEB, citing “an evaluation of 10 percent is assigned for residuals of cold injury with small 
fiber peripheral neuropathy, (each) lower extremity because the evidence is negative for any 
findings consistent with the next higher level.” After extensive deliberation, the Board 
recommends by majority 2:1 vote a disability rating of 10% for each foot. Considering all of the 
evidence and mindful of VASRD §4.3 (reasonable doubt), the Board found insufficient cause to 
recommend a change in the PEB adjudication for the bilateral painful 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 bilateral painful foot condition, IAW VASRD §104 the 
Board recommends by a majority 2:1 vote no change in the PEB adjudication. The single voter 
for dissent (who recommends 20% rating for each foot) did not elect to submit a minority 
opinion. There were no other conditions within the Board’s scope of review for consideration. 

 

 

RECOMMENDATION: The Board therefore recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Painful left foot, secondary to cold weather injury 

7122 

10% 

Painful right foot, secondary to cold weather injury 

7122 

10% 

COMBINED (with BLF) 

20% 




The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120614, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for 
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130008807 (PD201200838) 

 

 

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 xxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)