RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20021130
NAME: XXXXXXXXXXXXX
CASE NUMBER: PD1200942
BOARD DATE: 20121207
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, PFC/E‐3, (92A/Automated Logistics Specialist),
medically separated for right femoral neuropathic pain after removal of a lymph node and
antibiotic treatment for a post‐operative infection. Despite numerous invasive and therapeutic
treatments, the CI’s pain persisted and she was unable to meet the physical requirements of
her Military Occupational Specialty or satisfy physical fitness standards. She was issued a
permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
only the right femoral neuropathic pain for Physical Evaluation Board (PEB) adjudication. The
PEB adjudicated the femoral neuropathic pain after removal of lymph node and treatment of
infections with antibiotics as unfitting and rated it 20% with application of the US Army Physical
Disability Agency (USAPDA) pain policy. The CI made no appeals and was medically separated
with a 20% disability rating.
CI CONTENTION: “Because I am unable to stand, sit, walk, exercise, for long periods of time. I
am unable to eat certain foods. I am very emotional also. I never recovered to before or during
my military career. To my full life unable to enter act (sic) with family and friends. Unable to
have activities with my husband.
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 20020802
Condition
Code
Rating
VA (1.5 Months Pre‐Separation) – All Effective Date 20120102
Exam
Condition
Rating
Code
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which her service‐incurred condition continues to
burden her. It is a fact, however, 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. This role and authority is granted
by Congress to the Department of Veterans Affairs (DVA). The Board utilizes DVA evidence
R Femoral Neuropathic
Pain
5099‐5003
20%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Rating: 20%
P/O Residuals , R Femoral
Neuropathic Condition, S/P
Lymph Node Removal
8599‐8526
20%
20021018
0% x 1
Rating: 20%
in DoDI 6040.44, however, resides
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 evaluating the fairness of DES fitness
determinations and rating decisions for disability at the time of separation. Post‐separation
evidence therefore is probative only to the extent that it reasonably reflects the disability and
fitness implications at the time of separation.
Right Femoral Neuropathic Pain Condition. The narrative summary (NARSUM) prepared 6‐1/2
months prior to separation noted the CI’s complaint of constant pain in right groin and leg that
kept her up at night. On 3 December 2001, the CI underwent lymph node removal and
exploration of the right groin to rule out a femoral hernia. Pathology report was consistent
with a reactive lymph node, no hernia was identified and a post‐operative bacterial infection
was present and treated. She noted significant persistent numbness of the operative site with
shooting pain into the right great toe. Hip extension and local massage eased the pain, while
heat, ice and epidural steroids provided no relief. Aggravating factors included wearing any
part of her pro gear, performing any part of the PT test, any walking at a fast pace, and any
amount of running, standing more than 10 minutes, lifting more than 5‐10 pounds, and carrying
or firing a weapon also dramatically increased her nerve pain. She noted that she slept 2 to 3
hours and that she awakened and could not return to sleep. Timing and pain radiation pattern
is consistent with right femoral nerve irritation after surgery. Clinically and functionally it was
very debilitating. Physical exam revealed bilateral lower extremities were symmetric. Her gait
favored the right lower extremity keeping her hip flexed with a shorter step on the right.
Inspection also noted the old surgical site was well healed without bleeding or evidence of
infection. There was tenderness to palpation over the site with positive Tinel's sign over the
right femoral nerve and not on the left. The radiation pattern was consistent with that of the
femoral motor and saphenous sensory nerve to the left great toe. Manual muscle testing was
5/5 on the left lower extremity. On the right, the majority of her strength testing was 4+/5 due
to pain and some give way especially noted with knee extension, extension of the great toe,
ankle extension and inversion. She could toe and heel walk. Reflexes were symmetric at 2+.
Sensation was decreased at right great toe, medial calf and thigh by about 30% with some
decrease associated to a lesser degree on the rest of her right lower extremity, intact sensation
of the left lower extremity. She underwent electro‐diagnostic testing of the right adductor
magnus, vastus lateralis, vastus medialis and tibialis anterior, which were all normal and ruled
out a right femoral motor neuropathy.
At the MEB exam prepared prior to separation, the CI reported sharp pains from right groin to
right foot and “something” with her right knee both since surgery to inner thigh. The MEB
physical exam noted pain in right leg going to the big toe worse with moving leg or hip, tender
scar right inguinal and “cannot stand on right leg.”
At the VA Compensation and Pension (C&P) exam performed 1‐/2 months prior to separation,
the CI reported that in December 2001, she had a groin abscess where she was hospitalized at a
German hospital for a lymph node removal and exploration to rule out a femoral hernia. Three
days later, she was seen by military providers with a post op wound infection that was lanced
and drained and she went through iodoform packing daily for 3 weeks. Since that time, she has
had a constant, non‐pulsatile, sharp pain that is 8‐9/10 in intensity from the right groin down to
the great toe. The pain is exacerbated by walking, standing, lifting, and sitting. The only thing
that made it feel better was to lie down and stretch out and try to "ignore it." She tried
Tramadol, Elavil, and Percocet, all of which had not helped decrease the pain. She was
awakened periodically throughout the night. She could lift something as minimal as a 5 pound
weight on the right side and that would dramatically increase her pain. An epidural steroid
injection was tried but was not successful. Physical exam revealed a well‐healed post surgical
scar in the right inguinal area. She did tend to favor the right leg in weight bearing. She used a
shorter step on the right and pushed her weight to the lateral aspect of the foot. She had a
2 PD1200942
hypersensitivity to light touch from the right groin following the pathway of the femoral nerve
and the saphenous nerve down to the ankle on the medial aspect. Her motor strength on the
left was 5/5 while on the right it was 2/5. Lying supine with the leg straight, the CI had difficulty
raising the leg without resistance, trembled and was able to go approximately 60 degrees with
evidence of extreme pain. She had increased pain in abduction as well. She limited the
movement of the right leg as much as possible to decrease her pain. She had normal reflexes
bilaterally. There was no ankle clonus and a normal Babinski response. She had decreased
sensation to sharp and dull testing on the medial right calf by about 30% to 40% and down to
the right great toe. She did have dorsiflexion capabilities of the right great toe. It was weaker
than the left. She could bear weight on her right foot but she was unsteady and could only bear
weight for a few seconds and the pain was escalated. She was able to walk on her toes and on
her heels but she limps when she walks on her toes. She limps favoring the right foot. She is
able to tandem walk. No muscle wasting was noted. Electromyography was within normal
limits.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the CI’s condition analogously as 5099‐5003 and rated it 20% based on pain using
the USAPDA pain policy. The USADPA pain policy was widely used at the time of the PEB’s
adjudication of this case, however, the Board will rely solely on the VASRD rules in effect at the
time of separation. Additionally, the 5003 code directly refers to degenerative arthritis of a
joint which is not present in this case. The VA utilized the analogous code of 8599‐8526 and
rated it 20% based on a moderate paralysis of the femoral nerve. The initial consideration for
the Board is to determine if the CI’s disability represents neuritis or neuralgia, as there are
potential rating implications that depend on that determination. The VASRD section §4.123
defines neuritis as characterized by loss of reflexes, muscle atrophy, sensory disturbances, and
constant pain, at times excruciating; while §4.124 defines neuralgia as characterized usually by
a dull and intermittent pain, of typical distribution so as to identify the nerve. The predominant
disability in this case is one of a painful peripheral nerve which presented after a surgical
procedure involving the immediate area surrounding the femoral nerve. The CI’s complaint of
constant, sharp sometimes excruciating pain with numbness around the surgical site along with
decreased sensation following the distribution of the femoral nerve more closely fits with the
VASRD definition of neuritis. The VASRD code 8626 refers to neuritis of the femoral nerve and
relies on the subjective descriptors of mild, moderate or a maximum of severe, incomplete,
paralysis if there is organic involvement. There is some evidence of weakness on physical
examination, but this is due to pain as evidenced by the “give‐away” weakness on knee
extension, there is no muscle wasting noted and normal EMG testing of the muscles innervated
by the femoral nerve all argue against any organic changes to the nerve. The evidence
supporting any organic changes to the nerve is the decreased sensation in the distribution of
the femoral nerve. As delineated in §4.123, the maximum rating which may be assigned for
neuritis not characterized by organic changes will be that for moderate. In this case, the
majority of the evidence present for review suggests minimal if any organic changes to the
femoral nerve required to elevate the evaluation to 30%, severe, incomplete paralysis. The CI
demonstrates an abnormal gait and sleep disturbance due to pain along with significant
functional impairment due to her painful neuritis. The documentation reviewed is consistent
with and more closely resembles a moderate, 20%, level of disability as opposed to a 30%,
severe, incomplete paralysis. The PEB adjudicated the CI’s disability rating at 20%, as did the
VA who utilized a different VASRD analogous code. Although the Board recognizes that VASRD
code 8626 is a better fit for the actual disability present, there is no benefit to the CI in
changing the code, as the Board’s final rating recommendation would be the same as the 20%
rating adjudicated by the PEB. 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 right femoral neuropathic pain
condition.
3 PD1200942
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 right femoral neuropathic pain was operant in this
case and the condition was adjudicated independently of that policy by the Board. In the
matter of the right femoral neuropathic pain condition and IAW VASRD §4.124a, the Board
unanimously recommends no change in the PEB adjudication. 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.
VASRD CODE RATING
5099‐5003
COMBINED
20%
20%
Right Femoral Neuropathic Pain
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120607, 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 / XXXXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXX, AR20120022735 (PD201200942)
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:
4 PD1200942
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200942
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