Search Decisions

Decision Text

AF | PDBR | CY2012 | PD2012 01193
Original file (PD2012 01193.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: xx         CASE: PD1201193
BRANCH OF SERVICE: NAVY  BOARD DATE: 20130814
SEPARATION DATE: 20020701


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty ET2/E-5 (Electronics Technician (Radio, Submarines)/14TM) medically separated for a left ankle condition. He was injured in a dirt bike accident in 2000 and required surgical fixation of the ankle. The condition could not be adequately rehabilitated to meet the physical requirements of his rating or satisfy physical fitness standards. He was placed on limited duty (LIMDU) and referred for a Medical Evaluation Board (MEB). The ankle condition, characterized as “left ankle intra-articular pylon fracture”, was forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. No other conditions were submitted by the MEB. The Informal PEB (IPEB) adjudicated the left ankle condition as unfitting, rated 20%, with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI conditionally accepted the findings of the board and requested retention in permanent LIMDU status. The request was approved for permanent LIMDU until 1 July 2002. The CI again met a MEB for medical retention and was found unfit. The ankle condition, characterized as “left ankle intra-articular pylon fracture, status post external fixation and percutaneous pinning (08 Oct 00), status post screw removal (13 Feb 00)”, was forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. The IPEB adjudicated the left ankle condition as unfitting, rated 20%. The CI made no appeals, and was medically separated.


CI CONTENTION: “The CI elaborated no specific contention in his application.”


SCOPE OF REVIEW: The Board’s 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 rating for the unfitting ankle condition is addressed below; and, no additional conditions are within the DoDI 6040.44 defined purview of the Board. 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 Board for Correction of Naval Records.


 RATING COMPARISON :

Service IPEB –
VA – (DOS 2020701)
Condition
 Code Rating Condition Code Rating Exam
L/Ankle Intra-Articular Pylon Fracture S/P External Fixation and Percutaneous Pinning, S/P Screw Removal 5271 20% Left Ankle Fracture 5010 10% 20020701
No Additional MEB/PEB Entries
 Other x 1 20020701
Combined: 20%
 Combined: 10%
Derived from VA Rating Decision (VA RD ) dated 200 20723 ( most proximate to date of separation [ DOS ] ).



ANALYSIS SUMMARY:

Ankle Condition. In October 2000, the CI sustained a left ankle fracture and underwent surgery with placement of an external fixator and percutaneous pinning across the medial malleolus. After removal of the external fixator, the CI continued to report left ankle pain over the site of the screw. In February 2002, the CI underwent removal of the screw with decreased pain at the surgical site. The narrative summary (NARSUM), 5 months prior to separation, notes that the CI’s left ankle sustained permanent damage that precluded running or shipboard activity. Despite limited duty, the CI continued to experience left ankle pain. The NARSUM referenced radiographs documenting left ankle intra-articular damage with well aligned and healed fragments. The NARSUM examination demonstrated decreased left ankle range-of-motion. At the VA Compensation and Pension (C&P) exam performed on the day of separation, the CI reported continued pain, mild weakness, and limitation of motion of the left ankle. He reported the use of Tylenol once weekly for flare-ups. The C&P examination noted normal weight bearing, but reports of increased pain with prolonged standing. There was no evidence of tenderness to palpation or painful motion of the left ankle. The ROM was documented as normal.

The Board directs attention to its rating recommendation based on the above evidence. The PEB adjudicated the left ankle condition as marked ankle limitation of motion and conferred a disability rating of 20%. The VA rated the condition as left ankle fracture, coded 5010, and conferred a 10% disability rating for painful or limitation of motion. There was no evidence of ankle instability for higher rating under VASRD code 5262, tibia and fibula, impairment of. There was no evidence of left ankle ankylosis for higher rating under VASRD code 5270 ankle, ankylosis of. The Board was left to conclude therefore that there is no VASRD compliant pathway to a rating higher than the PEB conferred 20% service disability rating in this case.

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 ankle condition. The Board concluded therefore that this condition could not be recommended for additional disability rating.


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 ankle 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
LEFT ANKLE INTRA-ARTICULAR PYLON FRACTURE S/P EXTERNAL FIXATION AND PERCUTANEOUS PINNING, S/P SCREW REMOVAL 5271 20%
COMBINED
 20%



The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20120615, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record





xx
President
Physical Disability Board of Review


 MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
BOARDS

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS

Ref: (a) DoDI 6040.44
(b) CORB ltr dtd 13 Dec 13

In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their respective forwarding memorandums, approve the recommendations of the PDBR that the following individual’s records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board:
- former USMC
- former USN
- former USN


                                                      xx
                                                     Assistant General Counsel
                                                      (Manpower & Reserve Affairs)

Similar Decisions

  • AF | PDBR | CY2013 | PD-2013-01613

    Original file (PD-2013-01613.rtf) Auto-classification: Approved

    Left Knee ROM (Degrees)MEB ~ 1½ mos. 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 leg condition, the Board unanimously recommends a...

  • AF | PDBR | CY2012 | PD2012 01677

    Original file (PD2012 01677.rtf) Auto-classification: Denied

    No other conditions were submitted by the MEB.The PEBadjudicated “left ankle trimalleolar fracture”as unfitting, rated 20%.The CI made no appeals, and was medically separated. The Board’s role is confined to the review of medical records and all evidence at hand to assess the fairness of PEB rating determinations, compared to Veterans Affairs Schedule for Rating Disabilities (VASRD) standards, based on severity at the time of separation. All members agreed that the C&P examination...

  • AF | PDBR | CY2012 | PD2012-00266

    Original file (PD2012-00266.docx) Auto-classification: Approved

    The Army said I was medically unfit for service. At the MEB exam 4 months prior to separation, the CI reported constant left knee pain with associated popping snapping and swelling. In the matter of the traumatic left knee arthritis condition, the Board unanimously recommends a disability rating of 10%, coded 5010 IAW VASRD §4.71a.

  • AF | PDBR | CY2012 | PD2012-01012

    Original file (PD2012-01012.pdf) Auto-classification: Approved

    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. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record xxxxxxxxxxxxxxxxxxxxxxxxx, DAF Acting Director Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army...

  • AF | PDBR | CY2012 | PD2012 01144

    Original file (PD2012 01144.rtf) Auto-classification: Denied

    The PEB adjudicated “s/p left ankle bimalleolar fracture” as unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). I believe that the Decision Board didn't take in consideration all the medical evidence in my favor thus making an erroneous decision; in this case: "when the disability was likely to have occurred or was aggravated, rather than make the assumption it occurred when the claim was originally filed, in addition this is a "faulty...

  • AF | PDBR | CY2014 | PD-2014-02648

    Original file (PD-2014-02648.rtf) Auto-classification: Denied

    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. Pre-Separation) ConditionCodeRatingConditionCodeRatingExam Right Lower Extremity Pain5099-500310%Right Femoral Neck Fracture s/p Percutaneous Screw Fixation525520%Other x 0 (Not In Scope)Other x 1 RATING: 10%RATING:...

  • AF | PDBR | CY2009 | PD2009-00497

    Original file (PD2009-00497.docx) Auto-classification: Denied

    He was separated with a 10% disability rating determined by the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Naval and Department of Defense regulations. The VA diagnoses included: Focal atrophy of the vastus medialis muscle, minimal; right femur fracture requiring open reduction internal fixation, retrograde insertion of rod; anesthesia of strip below the knee medial aspect from the medial knee to the medial ankle, approximately two inches wide, decreased pin...

  • AF | PDBR | CY2012 | PD-2012-00689

    Original file (PD-2012-00689.pdf) Auto-classification: Denied

    The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic pain, right ankle condition as unfitting, rated at 0%, and coded 5099‐5003 citing the USAPDA pain policy. 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 00450

    Original file (PD 2014 00450.rtf) Auto-classification: Denied

    The condition, characterized as “chronic left hip pain, status post percutaneous pinning of a left femoral neck stress fracture” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.No other conditions were submitted by the MEB.The Informal PEB adjudicated his condition as unfitting, rated at 10%,citing criteria of the US Army Physical Disability Agency (USAPDA) pain policy. Post-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Left Hip Pain…5099-500310%Status...

  • AF | PDBR | CY2012 | PD2012 01535

    Original file (PD2012 01535.rtf) Auto-classification: Denied

    Post-Sep Flexion (125 Normal) No ROM FROM 125 (130 , pain at 120 ) Extension (20) 20 (30) External Rotation (45) 45 (60) Abduction (0-45) 45 (60) Adduction (45) 20 Comment Painful Left hip; pain extending fro m groin into left anterior thigh ; “ very irritable in all directions” “ongoing pain”; Slight irritable with pain on Internal rotationNo change with Deluca; pain with flexion 120-130; strength 5/5; slight pain on palpation ; slight limp §4.71a Rating 10 % 10 % 10 % The CI had a...