RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 

 
NAME:    
CASE NUMBER:  PD1200311                                                     SEPARATION DATE:  20090830 
BOARD DATE:  20121108 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  a  mobilized  Reserve  SGT/E-5  (1361/Drafting  and  Survey  NCOIC), 
medically separated for a left foot condition, (severe debilitating plantar fasciitis).  He did not 
respond adequately to conservative treatment and was unable to fulfill the physical demands 
perform  within  his  Military  Occupational  Specialty  (MOS),  meet  worldwide  deployment 
standards or meet physical fitness standards.  He was placed on limited duty and underwent a 
Medical  Evaluation  Board  (MEB).    Plantar  fasciitis  was  forwarded  to  the  Informal  Physical 
Evaluation Board (IPEB) IAW SECNAVINST 1850.4E.  No other conditions appeared on the MEB’s 
submission.    The  IPEB  adjudicated  the  left  foot  condition  as  unfitting,  rated  10%,  with 
application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD).  The CI appealed to 
the  Formal  PEB  (FPEB),  which  affirmed  the  IPEB  findings;  and  was  then  medically  separated 
with a 10% disability rating. 
 
 
CI  CONTENTION:    “Left  Achilles  tendonopathy,  neck  strain,  chronic  low  back  strain  with 
spondylosis and radiating pain left leg and foot, bilateral plantar fasciitis.  I believe that I should 
have  been  medically  retired  from  the  Marine  Corps  instead  of  receiving  an  Administrative 
medical discharge.  I was rated 30% initially by the VA.  I served 12 years with the intent of 
retiring from the Marine Corps and I fought to stay in.” 
 
 
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  other  requested  conditions,  neck 
strain, low back pain and right foot plantar fasciitis are not within the Board’s purview.  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:   
 

VA (9 Mos. Post-Separation) – All Effective Date 20091016 

 
 
ANALYSIS SUMMARY:  The Board acknowledges the CI’s contention that suggests ratings should 
have been conferred for other conditions documented at the time of separation and therefore 

Service FPEB – Dated 20090528 
Condition 

Code 

Severe Debilitating Plantar 
Fasciitis 

5399-5310 

Rating 
10% 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

Condition 

Left Achilles Tendinopathy 
Neck Strain 
Chronic Low Back Pain 

Code 

5099-5024 

5237 
5237 

Rating 
10% 
10% 
10% 

Exam 

20100521 
20100521 
20100521 
20100521 

0% X 3 / Not Service-Connected x 2 

Combined:  30% 

should have been medically retired from the Marine Corps.  The Board wishes to clarify that it is 
subject  to  the  same  laws  for  disability  entitlements  as  those  under  which  the  Disability 
Evaluation  System  (DES)  operates.    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.  However the Department of Veterans Affairs, operating under a different set of 
laws  (Title  38,  United  States  Code),  is  empowered  to  compensate  all  service-connected 
conditions  and  to  periodically  reevaluate  said  conditions  for  the  purpose  of  adjusting  the 
Veteran’s disability rating should the degree of impairment vary over time. 
 
Severe Debilitating Plantar Fasciitis Condition.  The CI first sought care for lower extremity pain 
in July 2007, (calf and foot symptoms) and was conservatively treated for left Achilles tendonitis 
with non-steroidal medications and physical therapy.  He deployed to Iraq and his symptoms 
worsened  despite  several  cortisone  injections.    Upon  redeployment  he  was  evaluated  and 
treated by several specialists to include orthopedics, pain management, and physical therapy 
for persistence disabling plantar fasciitis which was confirmed by a magnetic resonance imaging 
(MRI) study.  He underwent further additional conservative treatment which included the use 
of  a  controlled  ankle  motion  (CAM)  walker,  then  complete  rest  with  prolong  casting,  shoe 
inserts, and several treatments with orthotripsy for a left calcaneal spur noted on X-ray.  Due to 
the persistence of symptoms and reported intermittent back pain an evaluation for sciatica was 
also completed to exclude as a cause for his foot pain.  The MRI study of the lumbar spine was 
normal and the conclusion was no objective evidence that his foot pain was being caused by his 
back.  After exhausting multiple treatment options without success, the CI was referred to an 
MEB.    The  service  treatment  record  (STR)  noted  reported  pain  scales  of  5  and  6  of  10  in 
intensity.    The  non-medical  assessment  documented  the  CI  was  working  in  his  MOS,  not 
worldwide deployable and missing 55 hours per week for treatment of his medical condition. 
 
The MEB physical exam demonstrated generalized decrease in sensation of the left foot, mild 
symptomatic pes planus and diminished deep tendon reflex of the left Achilles compared to the 
right.  At the VA Compensation and Pension (C&P) exam  performed after separation, the CI 
reported  bilateral  constant  sharp  and  throbbing  pain  in  the  heels  all  the  time,  worse  with 
weight bearing, left achilles tendon pain only with weight bearing and relief of pain with non-
steroidal medication and rest.  He reported limitations in standing and walking after 1.5 hours 
and  an  inability  to  do  sports  or  run.    He  worked  at  Lowes,  had  no  loss  of  work,  and  no 
incapacitation  episodes.    The  C&P  exam demonstrated bilateral pes  planus, normal  gait  with 
heel and squat maneuvers, tenderness of the bilateral medial aspect of the foot to the heel, 
some guarding, tenderness of the left Achilles with normal alignment and no guarding and no 
abnormal calluses.  X-ray of the left foot revealed  a plantar calcaneal heel spur and minimal 
arthritic changes of the first metatarsal phalangeal joint. 
 
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 did not bear on rating.  
The PEB assigned a 10% rating coded 5310 for moderate pain under VASRD §4.73—Schedule of 
Ratings–Muscle Injuries.  The Board agreed the evidence did not support the moderate severe 
pain criteria under this code for a higher rating.  The VA assigned a 10% rating coded 5024 for 
painful or limited motion of a major joint or group of minor joints which is consistent §4.71a—
schedule  of  ratings–musculoskeletal  system.    There  is  no  evidence  of  documentation  of 
incapacitating  episodes  or  ratable  peripheral  nerve  impairment  which  would  provide  for 
additional or higher rating.  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 foot condition.   
 
 

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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  foot  condition  and  IAW  VASRD  §4.73,  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:   
 

VASRD CODE  RATING 
5399-5310 
COMBINED 

10% 
10% 

             
           President 
           Physical Disability Board of Review 

Severe Debilitating Plantar Fasciitis 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120321, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

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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 26 Nov 12 
 
      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, 
for the reasons provided in their forwarding memorandum, 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 USN  
-  former USMC 
 
-  former USMC 
 
 
-  former USMC 
 
-  former USMC 
  
     
 
 
 
 
 
 
 

  
Assistant General Counsel 
(Manpower & Reserve Affairs) 

 
      
 

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