RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200978 SEPARATION DATE: 20011220
BOARD DATE: 20130109
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty PFC/E‐3 (91C/Utilities Equipment Repairer), medically
separated for stress fracture right third metatarsal shaft. In addition, she also began
experiencing pain in her left groin which was diagnosed as a left inferior pubic ramus stress
fracture. Despite medications, profiling, activity modifications, shoe wear modifications,
physical therapy and casting, these conditions limited her from performing her Military
Occupational Specialty (MOS) specific duties, and any kind of physical training. She was issued
a permanent L3 profile (113111) and referred for a Medical Evaluation Board (MEB). Stress
fracture, left inferior pubic ramus and stress fractures, right first through fourth metatarsal
shaft conditions, identified in the rating chart below, were also identified and forwarded by the
MEB. The Physical Evaluation Board (PEB) adjudicated the stress fractures, right first through
fourth metatarsal shaft, as a stress fracture right third metatarsal shaft and determined it to be
unfitting, rated 10%, with cited application of the Department of Defense Instruction (DoDI)
1332.39 (paragraph E2.A1.23.1.4). 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 had two injuries – broken metatarsal and fractured pelvis – but was only
rated for one injury.”
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” (stress
fracture, right third metatarsal shaft). The fractured pelvis condition as requested for
consideration meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is
addressed below, in addition to a review of the ratings for the unfitting condition, as well as a
review of fitness of the first, second and fourth right metatarsals. 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:
Code
Service IPEB – Dated 20021101
Condition
Stress fracture, right third
metatarsal shaft
Stress
fracture,
inferior pubic ramus
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
5279
left
Not Unfitting
Rating
10%
Code
Rating
VA (2 Mos. Post‐Separation) – All Effective Date 20011210
Condition
Residuals stress fractures, right
first thru fourth met a tarsal
shaft
Residual stress fracture. Left
inferior pubic ramus
Not Service‐Connected x 1
Combined: 10%
5299‐5298
5284
10%
0%
Exam
20020225
20020225
20020225
ANALYSIS SUMMARY:
Stress Fracture, Right Third Metatarsal Shaft Condition. The MEB narrative summary (NARSUM)
noted a history of right foot pain starting in December 2000, after basic training. At that time,
the CI was diagnosed with a right foot, third metatarsal stress fracture. A bone scan from
12 June 2001, showed stress fracture in her right first through fourth metatarsal shaft, however
contemporaneous clinical examinations indicated tenderness only of the third metatarsal bone.
X‐rays demonstrated a fracture with callus formation of the third metatarsal but not of the
other bones in the foot. Orthopedic examinations noted only the third metatarsal as the focus
of clinical attention. The NARSUM physical examination, performed on 3 October 2001, 2
months pre‐separation noted tenderness to palpation about the dorsal and plantar aspect of
her third metatarsal shaft but nontender over her first, second, & fourth metatarsals. The foot
was supple (forefoot, midfoot, and hindfoot), and the metatarsal heads and inter‐metatarsal
spaces were nontender. Sensation, strength and pulses were normal. Recent radiographs of
the right foot demonstrated a healing non‐displaced third distal metatarsal shaft fracture w/
callous formation (indicating healing). Range‐of‐motion (ROM) for the foot and ankle were
normal. At the VA Compensation and Pension (C&P) exam, 2 months after separation, the CI
reported continuous pain in her foot. On examination, the feet were symmetric in appearance
without out bony abnormality, skin changes, scars, ulcers, soft tissue swelling, edema, or
abnormal calluses. There was very mild tenderness on the right forefoot in the area
corresponding to “the metatarsal”, but was otherwise non‐tender. The examiner referred to
“the metatarsal” in the examination and in the history noted the fracture of the third
metatarsal, implying the examiner was referring to the third metatarsal on the examination.
Gait was normal. X‐rays of the feet were normal and specifically reported there was no
evidence of any old or recent fracture. A diagnosis of right foot overuse strain is given and the
examiner noted the Veteran experienced no additional loss of function secondary to increased
pain during flare‐ups or weakness after repetitive use.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
was the stress fracture, left inferior pubic ramus. The Board’s first charge with respect to these
conditions is an assessment of the appropriateness of the PEB’s fitness adjudications. The
Board’s threshold for countering fitness determinations is higher than the VASRD §4.3
(Resolution of reasonable doubt) standard used for its rating recommendations, but remains
adherent to the DoDI 6040.44 “fair and equitable” standard.
Stress fracture, left inferior pubic ramus condition. According to the NARSUM, dated 3 October
2001, the CI began experiencing pain in her left groin in December 2000 which the CI thought to
be a minor strain and did not seek medical care. Bone scanning in June 2001 demonstrated a
stress fracture of the left inferior pubic ramus and X‐rays demonstrated healing with callus
formation. The CI received the diagnosis of left inferior pubic ramus stress fracture. The CI
continued to complain of pain in her groin which was not alleviated by nonsteroidal anti‐
inflammatory medications, profiling, and activity modifications. The treatment record entries
do not make comments specifically regarding limitations resulting from the pelvic ramus stress
fracture and after the bone scan; both the foot and pelvic rami stress fractures are combined in
clinic notes. Prior to the bone scan, only the right foot was indicated as interfering with
performance of duty and there were no service treatment record entries for groin pain or hip
pain except one entry for buttock pain in March 2001. Following the June 2001 bone scan, the
combination of both conditions (metatarsal stress fracture and pubic ram stress fracture) was
determined to limit her from performing her MOS specific duties, and performing any kind of
physical training with her unit. The Board noted the X‐ray results showing the presence of
callus formation combined with the results of the bone scan confirmed a recent stress fracture
that would reasonably be expected to be symptomatic and result in symptoms with vigorous
military training. All members agreed that based on that evidence, and the opinion of treating
physicians who indicated the pelvic ramus stress fracture was duty limiting, the condition was
2 PD1200978
unfitting for continued military service. Next, the Board considered the rating for the unfitting
left inferior pelvic ramus stress fracture at the time of separation. An orthopedic examination
performed on 24 July 2001 recorded hip flexion of 125 degrees, extension 15 degrees, external
rotation 50 degrees, and external rotation 30 degrees. There was tenderness over the inferior
pelvic rami. A 2 August 2001 clinic encounter recorded non‐antalgic gait. The NARSUM
examination, 3 October 2001 (2 months before separation), showed a normal left hip ROM with
flexion to 130 degrees, external rotation to 50 degrees, and internal rotation 45 degrees all
without pain. The CI was non‐tender to palpation over the area of the left pubic ramus and
lower extremity strength was normal. The C&P exam of the hip on 25 February 2002 states
there was no tenderness of the pelvis or the pelvic rings (rami). All ROM were non‐tender but
reduced compared to prior examinations (flexion 80 degrees, extension 20 degrees, abduction
40 degrees, and adduction 20 degrees), however, this mobility range was observed to be
identical in both hips (i.e. the normal side as well as the affected side) indicating it to be normal
and not clinically or functionally significant. Gait and strength were normal. X‐rays
demonstrated a small density in the left anterior ischial ramus thought to be a bone island by
the radiologist but correlated with the site of the prior stress fracture indicating continued
healing. The radiologist concluded the bony pelvis was intact without any old or recent
fractures and both hips were unremarkable. The VA decision acknowledged service‐connection
for residual stress fracture, left inferior pubic ramus which was granted with an evaluation of 0
percent analogously to 5298, coccyx. The Board also considered the rating analogously under
the diagnostic codes for the hip, including limitation of motion (5251, 5252, and 5253) and the
femur (5255 fracture with malunion). Examinations showed no compensable limitation of
motion. The slightly reduced ROM on the C&P examination compared to the NARSUM
examination is not explained by any pathology or new injury and was observed in both hips and
therefore is considered normal. The Board noted the otherwise normal examinations and
normal gait and concluded the unfitting pelvic ramus stress fracture condition most nearly
approximated the 0% rating adjudicated by the VA at the time of separation. After due
deliberation in consideration of the preponderance of the evidence, the Board concluded that
the preponderance of evidence was sufficient to recommend a change in the PEB fitness
determination for the stress fracture, left inferior pubic ramus, to unfit, and recommends a
disability rating of 0%, coded 5299‐5298.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA chose different coding options for the condition, but this had no bearing on the
rating. The PEB rated 10%, using an analogous 5279 code, metatarsalgia (Morton disease). The
VA elected to rate the condition separately under the 5284 code (foot injuries, other) and
assigned a 10% rating based on moderate foot injury. The Board considered the rating for the
unfitting right foot metatarsal stress fractures under the codes used by the PEB and VA (5279
and 5284 respectively) as well as 5283, malunion of metatarsal bones. The stress fracture of
the third metatarsal was healing by the time of the NARSUM and X‐rays at the time of the C&P
examination indicated no evidence of fracture or malunion. Examination findings were
completely normal including gait except for mild tenderness of the metatarsal bone. All Board
members agreed there was no evidence to support a rating higher than the 10% adjudicated by
the PEB or the VA. The Board noted the presence on bone scan of stress fractures of the first,
second, and fourth metatarsal bones of the right foot. The third metatarsal fracture was the
predominant and most symptomatic injury in the right foot as evidenced by X‐ray and
examination findings. Regardless, the involvement of these bones in the right foot do warrant
consideration for a separate rating as any contribution to impairment made by these stress
fractures is subsumed in the rating for the right foot injury. In accordance with §4.14
(Avoidance of pyramiding), separate ratings may not be granted based on the same disability
under various diagnoses. After due deliberation, considering all of the evidence and mindful of
VASRD §4.3 (Resolution of reasonable doubt), the Board concluded that there was insufficient
cause to recommend a change in the PEB adjudication for the right foot metatarsal stress
fracture condition.
3 PD1200978
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 DoDI 1332.39 for rating stress fracture right third metatarsal shaft was operant in
this case and the condition was adjudicated independently of that instruction by the Board. In
the matter of the stress fracture right third metatarsal shaft condition and IAW VASRD §4.71a,
the Board unanimously recommends no change in the PEB adjudication. In the matter of the
contended stress fracture right first, second and fourth metatarsal shaft condition, the Board
unanimously recommends no change from the PEB determination as these bone scan findings
are not separately ratable and are considered under the rating for the foot condition. In the
matter of the contended stress fracture, left inferior pubic ramus condition, the Board
unanimously recommends change from the PEB determination as not unfitting to unfit with a
rating of 0%. 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 his prior medical separation:
UNFITTING CONDITION
Stress Fracture, Right Third Metatarsal Shaft
Stress Fracture, Left Inferior Pubic Ramus
VASRD CODE RATING
5279
5299‐5298
COMBINED
10%
0%
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120625, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXX, AR20130001033 (PD201200978)
4 PD1200978
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:
CF:
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
( ) DoD PDBR
( ) DVA
5 PD1200978
AF | PDBR | CY2012 | PD 2012 01437
Post-Separation) All Effective Date 20020716 Condition Code Rating Condition Code Rating Exam Bilateral Inferior Pubic Ramus Stress Fractures, X- Ray Verified with Other Lower Extremity Stress Reactions on Bone Scan 5299-5010 0% Stress Fracture Left Tibia 5299-5262 0% 20021217 Stress Fracture Right Tibia 5299-5262 0% 20021217 Bilateral Pelvic Stress Fractures 5299-5255 Non Service Connected (NSC) 20021217 .No Additional MEB/PEB Entries. The PEB combined the bilateral inferior pubic ramus...
AF | PDBR | CY2012 | PD 2012 01711
In the matter of the pelvic stress fracture condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CIs disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING Stress Fracture of Inferior Pubic Ramus 5099-5022 0% COMBINED 0% The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20120717,...
AF | PDBR | CY2012 | PD 2012 01585
I got a rate of 10% for one of the condition. The Board noted the PEB combined the left inferior pubis fracture condition and multiple stress fractures of the lower extremities condition and rated, as a single unfitting condition, at 0%, coded 5022. The Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved IAW VASRD §4.71a.
AF | PDBR | CY2012 | PD2012-00073
The PEB adjudicated the left hip/pelvic pain condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Hip/Pelvic Pain Condition . ; Left hip pain limited; Right without pain; negative DeLuca§4.71a Rating10%*10%*At the MEB exam, the CI reported left hip area pain that was usually tolerable unless exacerbated by activity.
AF | PDBR | CY2013 | PD-2013-02405
The groin condition, characterized as “left inferior pubic ramus stress fracture,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.One other condition was submitted by the MEB. RATING COMPARISON : Service IPEB – Dated 20041103VA* - (13 Mos.Post-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Left Groin Pain Secondary to Inferior Pubic Ramus Stress Fracture5099-50030%Inferior Pubic Ramus5294NSC20051221Chronic Left Groin5299-5294NSC20051221Other x 0 (Not in...
AF | PDBR | CY2013 | PD 2013 00624
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AF | PDBR | CY2012 | PD-2012-00390
She reported that Coccydynia Condition. The Board noted that the final PMR examination, a week prior to separation, documented that the right hip was pain free (over 2 weeks after an injection) and that the left hip had minimal pain rated at 3 out of 10. At the C&P examination performed specifically for the coccyx on 29 April 2009, over a year after separation, the CI reported continued pain and had reduced and painful ROM on examination.
AF | PDBR | CY2014 | PD-2014-02381
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. At the time of separation, the CI’s right hip condition was not compensable above the 10% level based on the evidence present for review. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department...
AF | PDBR | CY2014 | PD-2014-01236
On 10 June 2009, the CI underwent a separation physical examination that recorded constant hip pain as the only clinical finding. The examiner noted radiographs of the pelvis on 2 June 2009 demonstrated elements consistent with a healing stress fracture of the right femoral neck. 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.
AF | PDBR | CY2014 | PD-2014-00417
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. The VA rated the L3 fracture 40% based on the limitation of thoracolumbar motion at the time of the post-separation VA C&P examination and 10% for pelvic fracture based on report of right hip pain at the C&P examination.Service treatment records prior to separation...