RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201329 SEPARATION DATE: 20040117
BOARD DATE: 20121127
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (13S/Field Artillery Surveyor), medically
separated for hallux rigidus of left great toe. In April 2002 while on an A team run, the CI
slipped producing a twisting and hyperextension injury to the left great toe. Despite orthotics,
podiatry consultations, and surgery, the CI failed 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). The MEB forwarded
left great toe pain to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40‐
501. The PEB adjudicated the left great toe condition as unfitting, rated 10%, with application
of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals, and
was medically separated with a 10% disability rating.
CI CONTENTION: “I was told I needed foot surgery. I went and had the surgery and then was
told that having the surgery made me unfit to serve (continued) in the military. To me that was
unfair. I have pain in both feet. The arthritic condition does not allow me to stand up for a long
time. It’s very hard to find a job that does not require me to be on my feet. I wish that I never
had the surgery done.”
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. The hallux rigidus of left great toe
condition requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board
purview; and, is addressed below. Any condition 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:
VA (~1 Mos. Pre‐Separation) – All Effective Date 20040118
*No change in subsequent VARD
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which his service‐incurred condition continues to
burden him. The Board wishes to clarify that it is subject to the same laws for disability
Service IPEB – Dated 20031008
Condition
Hallux Rigidus, Left
Great Toe
Code
5280
Rating
10%
No Additional MEB/PEB Entries
Combined: 10%
Condition
Left Foot Great Toe Hallux
Rigidus…
Tinnitus
Code
5284‐5281
6260
Rating
10%*
10%
Exam
20031212
20031212
0% X 3
Combined: 20%
Great Toe L ROM
Flexion (Plantar) 0‐45
Extension (Dorsi) 0‐70
Comment:
§4.71a Rating
0
30
10%
+ spasm; abnormal
contour; pain on
motion; “slight limp”
+ Tenderness; painful
motion; slight limp; any
passive DF/PF painful
0
30
10%
entitlements as those under which the Disability Evaluation System (DES) operates. The DES
has neither the role nor the authority to compensate members for anticipated future severity
or potential complications of conditions resulting in medical separation. That role and
authority is granted by Congress to the Department of Veterans Affairs (DVA), operating under
a different set of laws (Title 38, United States Code). The Board evaluates DVA evidence
proximal to separation in arriving at its recommendations, but its authority resides in evaluating
the fairness of DES fitness decisions and rating determinations for disability at the time of
separation. While the DES considers all of the member's medical conditions, compensation can
only be offered for those medical conditions that cut short a member’s career, and then only to
the degree of severity present at the time of final disposition. The DVA, however, is
empowered to compensate service‐connected conditions and to periodically re‐evaluate said
conditions for the purpose of adjusting the Veteran’s disability rating should the degree of
impairment vary over time.
Hallux Rigidus of Left Great Toe Condition. The range‐of‐motion (ROM) evaluations in evidence
which the Board weighed in arriving at its rating recommendation, with documentation of
additional ratable criteria, are summarized in the chart below.
MEB ~5 Mo. Pre‐Sep
VA ~1 Mo. Pre‐Sep
The CI underwent a cheilectomy (removes bone spurs from the base of the big toe) and
debridement of the left great toe in November 2002. The commander’s statement noted
chronic left foot pain with functional limitations of no running, jumping or marching. The MEB
examination 5 months prior to separation indicated that the CI’s pain prevented him from
returning to fully functional status secondary to relatively unchanged pain and limitation of
motion and function. The exam physical findings are summarized in the chart above. The P3
profile allowed walking, bicycling, swimming at own pace and distance and walking or running
in pool at own pace and distance. The functional assessment was: “(The CI) can perform
unlimited walking with a slight limp. He cannot run. He cannot stand on his feet for more than
three hours at a time. He must buy extra wide shoes.” Radiographs demonstrated significant
bilateral 1st metatarsophalangeal (MTP) joint degenerative change with severely narrowed
joint space of the great toe on the left (also on the right) on operated foot.
The VA Compensation & Pension (C&P) examination noted that the CI could not run at all
without reproducing pain in both great toes and that he could not stand on his feet for more
than 3 hours at a time and walking produced a limping gait. The C&P exam physical findings are
summarized in the chart above. A second C&P examination 19 months remote after separation
indicated that the CI still had constant pain and was unable to walk for prolonged periods.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the hallux rigidus, left great toe 5280 Hallux valgus, unilateral, rated 10% which is
equivalent to “Severe, if equivalent to amputation of great toe." The VA coded the left great
toe condition 5284‐5281 (5284 Foot injuries, other: Moderate with 5281 Hallux rigidus,
unilateral, severe) and rated at 10%. Both exams demonstrated painful motion with 0 degree
of plantar flexion (normal to 45⁰), without other significant foot pathology. Coding using the
criteria of 5280 or 5281 has a maximum rating level of 10%. The Board considered alternate
coding under the criteria of 5284 (foot injury other). The Board adjudged that the CI’s disability
was more closely aligned with the moderate level for the foot coding, which would not rate
2 PD1201329
Hallux Rigidus of Left Great Toe
5280
COMBINED
10%
10%
higher than 10%. The Board considered that the VA coding of 5284‐5281 more ideally
represented the CI’s condition as the CI underwent a cheilectomy, not a metatarsal head
removal. Either coding schema would rate at 10%, the PEB coding was not incorrect, and any
modification of code would not offer any benefit to the CI.
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 left great toe 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 hallux rigidus, left great toe 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, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
UNFITTING CONDITION
VASRD CODE
RATING
______________________________________________________________________________
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120723, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
3 PD1201329
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXX, AR20120022712 (PD201201329)
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1201329
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