RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20030611
NAME: XXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200566
BOARD DATE: 20130125
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty Soldier, SGT/E‐5(52D/Power Generation Equipment
Repair), medically separated for stiffness of the right ankle and calcific tendonitis of the Achilles
tendon. In 1999, the CI injured his right ankle while in organized physical fitness. He developed
chronic pain which was refractory to conservative management and three surgical procedures;
it precluded him from meeting the physical requirements of his Military Occupational Specialty
(MOS) or satisfying physical fitness standards. He was issued a permanent L4 profile and
referred for a Medical Evaluation Board (MEB). The MEB forwarded right ankle stiffness status
post (s/p) ankle arthroscopy x3, and right calcific Achilles tendonitis as medically unacceptable
IAW AR 40‐501. Three other conditions, identified in the rating chart below, were also
identified and forwarded by the MEB as not disqualifying. The Physical Evaluation Board (PEB)
adjudicated the stiffness of the right ankle with calcific tendonitis of the Achilles tendon as
unfitting, rated 10%, with application of the Veterans Affairs Schedule for Rating Disabilities
(VASRD). The CI made no appeals and was medically separated with a 10% disability rating.
CI CONTENTION: The CI elaborated no specific contention in his application.
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. 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.
RATING COMPARISON:
ANALYSIS SUMMARY:
Stiffness of the Right Ankle and Calcific Tendonitis of the Achilles Tendon. There were two
goniometric range‐of‐motion (ROM) evaluations in evidence, with documentation of additional
R
of
Service PEB – Dated 20030210
Condition
Stiffness
the
Ankle…Achilles Tendon
GERD
Hypercholesterolemia
HFHL, Left Ear
↓No Additional MEB/PEB Entries↓
Combined: 10%
Code
5271
Not Unfitting
Not Unfitting
Not Unfitting
Rating
10%
VA (3 Mos. Pre‐Separation) – All Effective Date 20030612
Rating
Condition
Post Op Residual…R Ankle
30%
Bilateral Achilles Tendonitis
No VA Entry
No VA Entry
Hearing Loss, L Ear
0% X 3 / Not Service‐Connected x 3
Combined: 30%
Code
5010‐5270
Not Service‐Connected
0%
6100
Exam
20030324
20030325
20030324
ratable criteria, which the Board weighed in arriving at its rating recommendation; as
summarized in the chart below.
Right Ankle ROM
Dorsiflexion (0‐20)
Plantar Flexion (0‐45)
Comment
§4.71a Rating
MEB (PT)~6 Mo. Pre‐Sep
(20021205), pg. 39
0
30
Active and Passive motion
the same
10%
VA C&P ~3 Mo. Pre‐Sep*
(20030324), pg. 88
10
‐‐
Examiner noted
completely ankylosed”.
DeLuca
20%
“essentially
+
The CI was first seen for his right ankle in 1996. He responded to conservative management
although he was also found to have shin splints for which he was prescribed orthotics. He was
seen again for chronic right ankle pain on 30 November 1999. The narrative summary
(NARSUM) notes that he had injured it while deployed the previous month, but this record is
not in evidence. His symptoms persisted despite conservative management. In early 2000, a
bone scan showed increased uptake at the tibio‐talar junction. Conservative management,
including casting, did not relieve his symptoms. He did, however, have complete relief with an
anesthetic injection at the medial ankle. On 24 July 2000, an arthroscopy showed
osteochondritis dissecans (OCD). Despite rehabilitation, he continued to have difficulty with his
ankle. A bone scan performed on 12 January 2001 was suggestive of bilateral Achilles
tendonitis and of OCD of the right medial talar dome. He had a second arthroscopy in late
March 2001 with drilling of the joint surface. Recovery was again incomplete. A trial of Synvisc
(an artificial joint lubricant) was unsuccessful. A second diagnostic injection again provided
relief, but only 80% as compared to the prior 100%. Again, he underwent rehabilitation
without adequate recovery and had a third and final arthroscopy in September 2001, again,
without adequate improvement for full duty. X‐rays, 2 months after surgery showed an intact
ankle joint with a small effusion. A repeat X‐ray, a year later, on 9 December 2002, showed a
lucency of the medial talar dome consistent with an osteochondral defect, but the ankle
mortise was again intact. No arthritic changes were documented. Multiple examinations after
surgery showed reduced dorsiflexion. At the MEB examination on 21 November 2002, the CI
reported the above surgeries and that he was unable to flex his ankle with reduced ROM. The
examiner noted that the ROM was decreased. The NARSUM dictated on 3 December 2002,
6 months prior to separation. The CI reported that he was unable to stand for prolonged
periods of time and was noted to walk with a limp. He was able to meet some of his MOS
requirements, but could not carry heavy components or his tool box. All ankle motion was
noted to be painful and reduced. Formal measurements are above. There was no edema, but
tenderness was present bilaterally and at the insertion of the Achilles tendon. The
commander’s assessment was also dictated 3 December 2002. The CI was noted to use
crutches when the pain became unbearable. Despite the constant pain, he was able to work a
full day with the aid of one of his soldiers who carried his tool box. He continued to participate
in daily physical therapy within his profile restrictions. At the VA Compensation and Pension
(C&P) examination on 24 March 2003, just under 3 months prior to separation, the CI reported
the use of crutches when his ankle became too painful for weight bearing. However, he was
able to sustain heavy physical activities without immediate distress. Under the neurological
examination, the examiner documented normal gait, sensation, motor function and reflexes.
Later in the report, the posture was noted to be normal, but the gait abnormal. The examiner
noted that the ROM was restricted and “hard to identify any movement that is not primarily
from the right foot.” The scars were well healed. Atrophy of the calf and thigh muscles was
noted with a reduction in strength. Again, this contradicts the neurological examination by the
same examiner noted above. The examiner also wrote “the ankle is essentially completely
ankylosed and at most might considered as having ten degrees of flexion from the fixed
position.” Examination of the Achilles tendon showed no pathology. On X‐ray, the CI was
2 PD1200566
found to have moderate posttraumatic arthritic changes to the right ankle without instability
and with localized osteochondritis of the medial dome of the talus. The final clinical visit, on
11 April 2003, 2 months prior to separation noted no movement in the ankle and assessed a
fused joint, but was in context of an acute injury after slipping in the backroom. The ankle was
painful to touch and movement and rated at 8/10 for pain.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the stiffness in the right ankle and calcific tendonitis condition as 5271, limitation in
motion, and rated it 10% for a moderate limitation. The VA coded the ankle as 5270 for
ankylosis and rated it at 30%, but determined the Achilles tendonitis to be not service‐
connected and did not rate this condition. The Board considered if the Achilles tendonitis was a
separately unfitting condition. Achilles tendonitis is a condition primarily manifested by pain.
The C&P, the most proximate examination to separation, showed no pathology and that the
NARSUM showed only bilateral tenderness. The surgical treatment was of the right ankle joint
itself, not the Achilles tendon or its insertion. The record does not support a determination
that a significant impairment from the Achilles tendonitis was present at separation and that it
was separately unfitting. The Board then considered the ankle condition and noted that
ankylosis of a joint indicates fusion and that there is no motion with joint fusion. The comment
by the C&P examiner “at most might considered as having ten degrees of flexion from the fixed
position” is not consistent with fusion, but rather indicates restricted ROM. The final clinical
note did document an absence of motion, but was written in the context of an acute injury
reducing the probative value. No X‐ray showed bony fusion and one X‐ray, 13 months after the
final surgery, noted that the ankle mortise was intact implying a normal joint space. The Board
determined that the evidence does not support the presence of ankylosis of the ankle at
separation. It then considered the limitations in ROM. It noted that the PEB based its
adjudication on values obtained 6 months prior to separation. While the C&P examination was
internally contradictory and the final clinical visit was in the context of an acute injury, both
imply a worsening of the ankle ROM. After due deliberation, considering all of the evidence
and mindful of VASRD §4.3 (Resolution of reasonable doubt), the Board recommends a
disability rating of 20% for the right ankle 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 right ankle condition, the Board unanimously recommends
a disability rating of 20%, coded 5271 IAW VASRD §4.71a. There were no other conditions
within the Board’s scope of review for consideration.
3 PD1200566
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
Stiffness of the Right Ankle with Three Surgical Procedures
VASRD CODE RATING
5271
COMBINED
20%
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120604, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXXXXX, AR20130002006 (PD201200566)
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:
4 PD1200566
Encl
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200566
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