RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201221 SEPARATION DATE: 20021010
BOARD DATE: 20130110
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SSG/E‐7 (92G/Food Service Specialist), medically
separated for a left shoulder and left hip condition. She did not respond adequately to
treatment and was unable to perform within her Military Occupational Specialty (MOS) meet
worldwide deployment standards or meet physical fitness standards. She was issued a
permanent U3/L3 profile and referred for a Medical Evaluation Board (MEB). Left shoulder
impingement syndrome and left hip trochanteric bursitis were forwarded to the Physical
Evaluation Board (PEB) IAW AR 40‐501. No other conditions appeared on the MEB’s
submission. The PEB adjudicated the left shoulder and left hip conditions as unfitting, rated 0%
and 0% with likely application of the Veterans Administration Schedule for Rating Disabilities
(VASRD). The CI made no appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: The CI elaborated no specific contention in her application.
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:
Rating
10%
Exam
20030107
10%
10%
20030107
20030107
Shoulder
Service IPEB – Dated 20020716
Condition
Left
Impingement Syndrome
Left Hip Pain w/diagnosis
of Trochanteric Bursitis
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
Code
5024‐5003
5019‐5003
Rating
0%
0%
Shoulder
Impingement
Code
5299‐5024
VA (AT Separation) – All Effective Date 20021011
Condition
Left
Syndrome
Left Hip Trochanter Bursitis
Right Shoulder
Syndrome
0% X 5 / Not Service‐Connected x 17
Combined: 30%
Impingement
5299‐5024
5019
ANALYSIS SUMMARY:
Left Shoulder and Left Hip Condition. The CI developed atraumatic left hip pain and left
shoulder pain which were conservatively treated for bursitis and impingement syndrome,
respectively. Her pain persisted despite injections, physical therapy and profile limitations. The
profile limitations included; no running, jumping, or heavy lifting greater than 25 pounds and a
sit‐up only physical training test. The commander’s statement corroborated her medical
conditions and limitations; additionally, noting the physical demands rating which were heavy
for this MOS (frequent pulling, pushing, lifting, carrying greater than 50 pounds). The
commander also documented her profile prevented her from performing her mission as well as
meeting the basic requirements of a soldier. There were two goniometric range‐of‐motion
(ROM) evaluations for the left shoulder and left hip in evidence; with documentation of
additional ratable criteria, the Board weighed in arriving at its rating recommendation; as
summarized in the chart below.
DOS 20021010
Left Shoulder ROM
Flexion (0‐180⁰)
Abduction (0‐180⁰)
Comments
§4.71a Rating*
MEB ~6 Mo. Pre‐Sep
(20020315)
170
Painful internal rotation
10%
VA C&P ~3 Mo. Post‐Sep
(20030107)
180
##⁰
Painful motion
10%
*Conceding §4.59 (painful motion)
Left Hip (Thigh) ROM
Flexion (0‐125⁰)
Extension (0‐20⁰)
External Rotation (0‐45⁰)
Abduction (0‐45⁰)
Adduction (0‐45⁰)
MEB ~6 Mo. Pre‐Sep
(20020315)
110
20
40
Comment
Silent to painful motion
VA C&P ~3 Mo. Post‐Sep
(20030107)
Full
Full
Normal gait, silent to painful
motion
0%
§4.71a Rating
0%
At the MEB exam, the CI reported pain in her left shoulder and left hip that prevented her from
performing her duties. The MEB physical exam demonstrated signs consistent with left
shoulder impingement and no ligament laxity. The left hip was tender to palpation at the apex
of the greater trochanter bone and the soft tissue posterior to this bone. X‐rays were within
normal limits. The findings on the magnetic resonance imaging (MRI) of the shoulder revealed
minimal tendinosis and the findings on the MRI of the hip were suggestive of bursitis and
consistent with tendinitis with no findings of stress fracture. At the VA Compensation and
Pension (C&P) exam performed after separation the CI additionally reported tendinitis of the
bilateral shoulders and bilateral hips with some relief with the nonsteroidal medication Vioxx.
The C&P exam demonstrated tenderness of the shoulders bilaterally and a noticeable grimace
with reaching to 180 degrees, 4 of 5 motor strength for abduction at the shoulders secondary
to pain, normal motor findings of the lower extremity and normal neurologic findings of the
upper and lower extremities. X‐rays cited in the VA rating decision were within normal limits
for the left shoulder and the left hip.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA chose same coding options for the condition and both were IAW §4.71a—Schedule
of ratings–musculoskeletal system. The PEB assigned a 0% rating coded analogous to 5003 for
the left shoulder which was inconsistent with the 5003 criteria which specifically states; “When
however, the limitation of motion of the specific joint or joints involved is noncompensable
under the appropriate diagnostic codes, a rating of 10% is for application for each such major
joint or group of minor joints affected by limitation of motion, to be combined, not added
under diagnostic code 5003.” “Limitation of motion must be objectively confirmed by findings
such as swelling, muscle spasm, or satisfactory evidence of painful motion.” The Board agreed
the evidence for the left shoulder does support painful motion and IAW VASRD §4.45 the
2 PD1201221
shoulder is defined as a major joint. The Board considered code 5304 (Group IV muscles) more
clinically specific for the left shoulder condition, and agreed the evidence did not meet or
exceed the moderate criteria under this code for a higher rating. The Board agreed, while the
hip is also defined as a major joint, there is no evidence of painful motion in either the MEB or
VA exam to support the minimum 10% allowable rating under 5003. The VA assigned the left
hip a 10% rating for pain to palpation which is inconsistent with the VASRD §4.59 which is for
painful motion. The Board additionally considered the X‐ray evidence of the left hip for a
higher rating. However, per VASRD note (2) under 5003 criteria for codes 5013‐5024 the X‐rays
findings will not be utilized for either a 10 or 20% rating. There is no viable approach to a
higher rating for the left shoulder or left hip which is countenanced by the VASRD. After due
deliberation, considering all of the evidence and mindful of VASRD §4.3 (Resolution of
reasonable doubt), the Board recommends a disability rating of 10% for the left shoulder
condition and concluded that there was insufficient cause to recommend a change in the PEB
adjudication for the left hip 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 left shoulder condition, the Board unanimously
recommends a disability rating of 10%, coded 5304‐5003 IAW VASRD §4.71a. In the matter of
the left hip condition and IAW VASRD §4.71a, 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 recommends that the CI’s prior determination be modified as
follows, effective as of the date of her prior medical separation:
VASRD CODE RATING
5304‐5003
5019
COMBINED
10%
0%
10%
UNFITTING CONDITION
Left Shoulder Impingement Syndrome
Left Hip Pain w/diagnosis of Trochanteric Bursitis
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120712, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
3 PD1201221
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXX, AR20130001036 (PD201201221)
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:
Encl
XXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1201221
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