RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200842 SEPARATION DATE: 20040203
BOARD DATE: 20130219
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (97B/CI Agent), medically separated for
chronic left foot pain due to sprain of the 5th metatarsal cuboid and plantar fasciitis. Chronic
left foot pain due to sprain of the 5th metatarsal cuboid and plantar fasciitis condition 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). Dysthymic disorder condition,
identified in the rating chart below, were also identified and forwarded by the MEB. The
Physical Evaluation Board (PEB) adjudicated the chronic left foot pain due to sprain of the 5th
metatarsal cuboid and plantar fasciitis conditions as unfitting, rated 10%. The remaining
condition was determined to be not unfitting. The CI made no appeals, and was medically
separated with a 10% disability rating.
CI CONTENTION: I was discharged from the Army due to an avoidable injury. I was unable to
serve effectively due to the negligent decisions of others. After being discharged I was unable
to find employment for almost 3 years. I believe the PEB should have provided more. What the
Army rate at 10% the VA has rated at 30%.
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 Boards defined scope of review, remain
eligible for future consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service IPEB Dated 20031105
VA (2 Mos. Pre-Separation) All Effective Date 20040204
Condition
Code
Rating
Condition
Code
Rating
Exam
Chronic Left Foot Pain due to
Sprain 5th Metatarsal Cuboid
and Plantar Fasciitis
5299-5279
10%
Bilateral Plantar Fasciitis
5299-5276
10%
20031216
Dysthymic Disorder
Not Unfitting
Dysthymic Disorder
9433
10%
20031204
.No Additional MEB/PEB Entries.
0% X 1 / Not Service-Connected x 2
Combined: 10%
Combined: 20%
Based on initial VARD. Rating for plantar fasciitis increased to 30% per VARD 20041025 with same effective date based on C&P
examination 20040819.
ANALYSIS SUMMARY:
Chronic Left Foot Pain due to Sprain of the 5th Metatarsal Cuboid and Plantar Fasciitis
Condition. Review of the service treatment record (STR) reflects care for left foot pain
beginning in January 2002. The CI passed the two mile run on 4 June 2002. Subsequently
increased left foot pain interfered with performance of duties including running. The left foot
pain involved predominantly the lateral aspect of the foot and plantar fascia. X-rays were
unremarkable (no fracture, spurring or malalignment) and a magnetic resonance imaging (MRI)
11 December 2002 was normal. Conservative treatment including medication, injections and
shoe inserts was not effective in alleviating the pain and eventually the CI received a permanent
profile in March 2003 and was referred to the PEB. The MEB narrative summary (NARSUM)
physical examination, dated 11 July 2003 and updated NARSUM dated 15 October 2003, noted
tenderness of the lateral base of the left 5th metatarsal and dorsal cuboid of the left foot as
well as over the central one third of the medial left plantar fascia. No motor, vascular or skin
abnormalities were noted. No pain was noted with rotation of the left metatarsal joint. Ankle
range of motion (ROM) was normal without pain or crepitus. The CI was given a diagnosis of
chronic sprain of the 5th metatarsal cuboid region and plantar fasciitis of the left foot. At the
VA Compensation and Pension (C&P) examination, 16 December 2003, 6 weeks prior to
separation, the CI reported continued pain with activity. The CI reported recent onset of right
foot pain as well as left foot pain. On examination, there was tenderness of the arch and with
metatarsal compression, but otherwise there was no pain on manipulation of the ankles or
feet. The examiner stated there was no painful motion, edema, weakness or instability. The
gait and station were normal. The CI was able to walk on toes and heels. Examination of shoes
and gait without shoes on revealed no evidence of abnormal weight bearing. The Achilles
tendons were midline. X-ray exam of the feet 16 December 2003 reported normal findings.
Based on this examination, the VA rated bilateral plantar fasciitis condition 10%. A C&P
examination for increased rating, 5 months post separation recorded increased symptoms and
formed the basis for the increased VA rating for bilateral plantar fasciitis effective the day after
separation.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated the chronic left foot condition 10% analogously using the code 5279 for
metatarsalgia. The VA rated bilateral plantar fasciitis 10% analogously under code 5276,
acquired pes planus. The Board noted that only the left foot was unfitting. Review of the STR
indicates only the left foot interfered with duties. A 21 November 2002 podiatry evaluation
noted orthotics provided relief of right foot symptoms. STRs after that time were silent for
right foot symptoms. Therefore, the Board only considered the left foot in its rating
recommendation. The 5279 code chosen by the PEB provides for a maximum rating of 10%.
There is not a specific code for plantar fasciitis. The rating criteria for acquired pes planus
(5276) more nearly describes the CIs condition of plantar fasciitis due to pes planus than the
code selected by the PEB. Board members agreed that the CIs condition did not approach the
20% rating for unilateral severe as described in the criteria under VASRD 5276 and more nearly
approximated the mild (0%) than the moderate level (10%). There was no evidence of
abnormal weight bearing, characteristic callosities, abnormal alignment, or deformities. X-rays
and MRI were normal. Although there was report of tenderness, gait was normal including toe
and heel walking. 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 left foot 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. In the matter of the
chronic left foot pain due to chronic sprain of the 5th metatarsal cuboid and plantar fasciitis
condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB
adjudication. There were no other conditions within the Boards scope of review for
consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CIs disability and separation determination, as follows:
UNFITTING CONDITION
VASRD CODE
RATING
Chronic Left Foot Pain due to Chronic Sprain of the 5th metatarsal
Cuboid and Plantar Fasciitis
5299-5279
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120617, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxxxxxx, 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 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130005082 (PD2021200842)
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 Boards recommendation and hereby deny the individuals 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 xxxxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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