RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201909 SEPARATION DATE: 20030510
BOARD DATE: 20130131
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E-5 (91A20/Medical Repair Technician),
medically separated for bilateral heel pain. He experienced an onset of bilateral heel pain in
1999 after participation in an airborne operation. His condition was diagnosed as a Haglunds
deformity and Achilles tendonitis. The symptoms failed to respond to conservative measures,
and could not be adequately rehabilitated to meet the physical requirements of the CIs
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
no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated
bilateral heel pain, due to Haglund's deformity and Achilles tendonitis as unfitting, rated 0%,
with cited application of the US Army Physical Disability Agency (USAPDA) pain policy. The CI
made no appeals, and was medically separated.
CI CONTENTION: Under the review, I was classified as having a condition called bilateral
Haglund Deformity. I believe that this condition occurred because of 5 years of training in a
highly deployable airborne unit, the 82nd Airborne Division. I refused surgical treatment
because I did not want to interfere with the natural attachment of the tendon to the bone.
Until this day, I cannot run without inflaming the tendon, and I must wear heel pads to
minimize rubbing when walking. Its a painful condition.
SCOPE OF REVIEW: The Boards scope of review is defined in DoDI 6040.44, Enclosure 3,
paragraph 5.e.(2). It is limited to those conditions determined by the PEB to be unfitting for
continued military service and those conditions identified, but not determined to be unfitting
by the PEB when specifically requested by the CI. The ratings for unfitting conditions will be
reviewed in all cases. The bilateral heel pain, as requested for consideration, meets the criteria
prescribed in DoDI 6040.44 for Board purview and is addressed below. 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 respective Army Board for Correction of
Military Records.
RATING COMPARISON:
Service IPEB Dated 20030317
VA - (5 Mos. Post-Separation)
Condition
Code
Rating
Condition
Code
Rating
Exam
Bilateral Heel Pain, Due to
Haglund's Deformity and
Achilles Tendonitis
5099-5003
0%
Right Achilles Tendonitis with
Haglund Deformity
5024
0%
20031021
Left Achilles Tendonitis with
Haglund Deformity
5024
0%
20031021
No Additional MEB/PEB Entries
Other x 5
20031021
Combined: 0%
Combined: 40%
VARD 20040214 (most proximate to Date of Separation)
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. While the DES considers all of the member's medical conditions,
compensation can only be offered for those medical conditions that cut short a members
career, and then only to the degree of severity present at the time of final disposition. 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 nor for conditions
determined to be service-connected by the Department of Veterans Affairs (DVA) but not
determined to be unfitting by the PEB. However, the DVA, operating under a different set of
laws (Title 38, United States Code), is empowered to compensate all service-connected
conditions and to periodically re-evaluate said conditions for the purpose of adjusting the
Veterans disability rating should the degree of impairment vary over time. The Boards role is
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to VASRD standards, based on severity at the time of
separation.
Bilateral Heel Pain. The CI developed pain in the left heel in 1999. The diagnosis of Haglunds
deformity was made 21 March 2000. In October 2001, the CI first noted additional pain in the
right heel. X-rays obtained 7 February 2002 confirmed calcifications at the insertion of both
Achilles tendons confirming the diagnosis of Haglunds deformity. On examination on
22 August 2002 a small deformity only of the left heel was noted. In October 2002, 7 months
before separation, the CI successfully completed a standard PT test. On 30 October 2002 the CI
noted pain in both heels, with the left worse than the right. At a clinic visit on 1 November
2002, the CI had pain in only the left heel. At the MEB/narrative summary (NARSUM) exam
performed 8 January 2003, 4 months before separation, the CI reported bilateral heel pain
described as occasional and moderate. On physical examination, small, tender masses were
present at the Achilles tendon attachments to the heels bilaterally with left larger than the
right. At the VA Compensation and Pension (C&P) exam 21 November 2003, 5 months after
separation, the CI reported pain at the base of both heels. He noted no restrictions in any
activity from the conditions; no requirement for pain medication or care by a podiatrist and no
use of orthotics, or assists in ambulation. He reported running a mile and half every day and
being able to bench press 300 pounds. On physical examination, tenderness was noted at the
base of each Achilles tendon without shift in weight bearing line, callous formation or pronation
deformity. Range-of-motion (ROM) of the ankles was normal without instability or
incoordination.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB combined both heel conditions and rated as a single unfitting condition, 0%, code 5009-
5003, using the Army Pain policy. Not uncommonly this approach by the PEB reflected its
judgment that the constellation of conditions was unfitting, and there was no need for separate
fitness adjudications or implied adjudication that each condition was separately unfitting. The
VA rated the ankle conditions each separately at 0% coded 5024, tenosynovitis, citing normal
ankle ROM. The Board considered unbundling the PEB adjudication for individual ratings. The
Board, in this circumstance, maintains the prerogative of separate fitness recommendations,
with the caveat that its recommendations may not produce a lower combined rating than that
of the PEB. The Board first addressed the fitness of each individual heel condition. The Board
opined that both heel conditions were symptomatic and prevented the CI from performing the
duties of his MOS as documented in the profiles, commanders statement, and NARSUM. The
Board then considered the appropriate rating for the individual right and left heel conditions.
The Board agreed that neither heel condition was compensable under code 5024 based ROM.
The Board noted that both heel conditions were mildly tender on examination throughout the
record with left greater than right. The Board considered rating under §4.59 (painful motion)
but opined that the absence of impact on functional activity, activities of daily living and
exercise documented in the record did not rise to the 10% disability level for either heel
condition. The Board concluded that the record in evidence supported a 0% rating for each
heel. The Board further agreed that the minor deformities of the heel bones (Haglunds
deformity) were related to the tendinitis of the Achilles tendon at the site of attachment, and
were an integral part of the heel condition, not subject to additional rating IAW VASRD §4.14
(avoidance of pyramiding). The Board was unable to find a pathway to any higher rating under
any other applicable VASRD coding. 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 bilateral heel pain condition as
any change in coding, or individual rating after unbundling, provided no benefit to the CI.
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 bilateral heel pain condition was operant in this
case and the condition was adjudicated independently of that policy by the Board. In the
matter of the bilateral heel pain 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
Bilateral Heel Pain Due to Achilles Tendonitis with Haglunds
Deformity
5099-5003
0%
COMBINED (w/ BLF)
0%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20121107, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxxx, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
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
xxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130007496 (PD201201909)
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 xxxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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