RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 
NAME:  XXXXXXXXXXXXXX                                                                       BRANCH OF SERVICE:   ARMY 
CASE NUMBER:  PD1200384 
SEPARATION DATE:  20070314 
BOARD DATE:  20121116 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was a SPC/E-4 (92G, Food Service) medically separated for chronic right 
hip pain.  He was treated, but did not improve adequately to fully perform his military duties or 
meet  physical  fitness  standards.    He  was  issued  a  permanent  L3  profile  and  underwent  a 
Medical  Evaluation  Board  (MEB).    The  MEB  found  his  chronic  right  hip  pain  medically 
unacceptable, and referred him to a Physical Evaluation Board (PEB).  No other conditions were 
listed on the DA Form 3947.  The PEB found the chronic right hip pain unfitting, and rated it 
10%.  The CI accepted the PEB findings and was medically separated with 10% disability rating. 
 
 
CI’s  CONTENTION:    “Right  hip  changed  from  10%  to  at  least  50%.”    He  elaborates  no  other 
specific contention. 
 
 
SCOPE OF REVIEW:  The Board’s scope of review as defined in DoDI 6040.44, 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 unfitting  right hip pain  condition  meets  the  criteria  prescribed  in 
DoDI 6040.44 for Board purview, and is accordingly addressed below.  No other condition is 
within the Board’s purview.  Any condition outside the Board’s defined scope of review may be 
eligible for future consideration by the Army Board for the Correction of Military Records. 
 
 
RATING COMPARISON:   
 

*The VA rating for Right Hip Disease was later increased, by a subsequent VA Rating Decision (VARD) dated 20071002 
 
 
ANALYSIS SUMMARY:   
 
Chronic right hip pain.  The CI developed right hip pain in March 2005.  He was seen at Madigan 
Army  Medical  Center  and  diagnosed  with  arthritis/osteomyelitis.    The  CI  was  treated  with 
medications,  interventional  radiology,  and  physical  therapy  (PT).    In  spite  of  treatment,  he 
continued  to  have  problems  with  the  right  hip  and  an  MEB  was  initiated.    His  MEB  clinical 
evaluation was on 18 October 2006.  At that time, he was in no apparent distress.  He was using 
a cane for support and could not bear full weight on the right leg.  Examination of the right hip 

Chronic Right Hip Pain  

Condition 

Service PEB – dated 20061206 
Code 
5003 

↓No Additional MEB/PEB Entries↓ 

Rating 
10% 

 

Combined:  10% 

VA (~1 mo. Pre-Separation) – Effective 20070315 
Condition 

Code 
5255 

5099-5015 

Rating 
30%* 
10% 

Exam 

20070223 
20070223 

Degen. Joint Disease, Right Hip 
Right Wrist Neuroma 

 

Combined:  40% 

showed some tenderness, but no redness or swelling.  Right hip range-of-motion (ROM) had 
been measured by PT a week prior, and is summarized in the chart below.  
 
On 23 February 2007, the CI had a VA Compensation and Pension (C&P) examination.  At that 
exam,  there  was  some  tenderness  and  guarding  of  the  right  hip.    X-rays  showed  mild-to-
moderate  degenerative  arthritic  change  in  the  right  hip.    In  the  CI’s  treatment  record,  two 
relevant ROM evaluations were in evidence, and are summarized below. 
 

Right Hip ROM 

Flexion (125⁰ is normal) 
Extension (0⁰ is normal) 

Ext. Rotation (45⁰ is normal) 
Abduction (45⁰ is normal) 
Adduction (0⁰ is normal) 

Comment 

§4.71a Rating 

MEB (PT) – 22 weeks Pre-Sep 

(20061010) 

VA C&P – 3 weeks Pre-Sep 

(20070223) 

109⁰ 

Full ROM 

29⁰ 
14⁰ 

Full ROM 

Pain with abduction 

10%* 

90⁰ 
10⁰ 
10⁰ 
10⁰ 
10⁰ 

Painful motion 

20% 

*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion) 

 
The PEB and the VA chose different coding and rating options for the right hip condition. The 
PEB used diagnostic code  5003, and rated it 10%.  The VA used code 5255 (femur, impairment 
of)  and  rated  it  30%  for  malunion.    The  Board carefully  reviewed  all  evidentiary  information 
available.  After consideration of the two hip examinations noted above, the Board determined 
that the most appropriate code for the right hip condition is code 5253 (thigh, impairment of).  
code 5255 does not apply in this case because the treatment record does not show a history of 
femoral fracture with malunion.  The Board also determined the February 2007 C&P exam had 
greater probative  value since  it  was  conducted  just  3  weeks  prior  to  the  date  of  separation.  
Based  on  the  February  2007  C&P  exam,  and  IAW  the  VA  Schedule  for  Rating  Disabilities 
(VASRD) §4.71a, a rating of 20% is warranted due to limitation of abduction, with motion lost 
beyond 10 degrees.  Normal ROM for hip/thigh abduction is 45⁰.  The evidence in the treatment 
record  does  not  show  sufficient  justification  for  a  rating  greater  than  20%.    After  due 
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the 
Board  unanimously  recommends  a  disability  rating  of  20%  for  the  chronic  right  hip  pain 
condition.  It is appropriately coded 5253, and meets criteria for the 20% rating level.   
 
 
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 chronic right hip pain condition, the Board unanimously 
recommends a disability rating of 20%, coded 5253, IAW VASRD §4.71a. 
 
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 his prior medical separation:   
 

UNFITTING CONDITION 

VASRD CODE  RATING 

Chronic Right Hip Pain  

 
 

 

5253 

COMBINED 

20% 
20% 

The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120504, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB /  ), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation  
for XXXXXXXXXXXXXXXXXX, AR20120021433 (PD201200384) 
 
 
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 20% 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 
 
 
 
CF:  
(  ) DoD PDBR 
(  ) DVA 
 

     XXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)