RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

                        BRANCH OF SERVICE:  MARINES 
SEPARATION DATE:  20020405 

 
NAME:  XX                
CASE NUMBER:  PD1200615                             
BOARD DATE:  20130108          
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty PVT/E-1 (0151/Admin Clerk) medically separated for 
right ankle instability.  He injured his right ankle in January 1999 while playing basketball.  He 
was  treated,  but  did  not  improve  adequately  to  fully  perform  his  military  duties  or  meet 
physical  fitness  standards.    He  was put  on  limited  duty  and  underwent  a Medical  Evaluation 
Board (MEB).  The MEB found his ankle medically unacceptable due to instability and anterior 
impingement.  The CI was referred to a Physical Evaluation Board (PEB), who found the right 
ankle  instability  unfitting  and  rated  it  0%.    The  other  right  ankle  condition  (anterior 
impingement) was adjudicated as Category II (contributing to the unfitting condition).  The CI 
accepted the PEB findings and was medically separated with a 0% disability rating. 
 
 
CI CONTENTION:  “The rulings for these conditions should be changed because they occurred 
while  I  was  in  the  service  and  prevented  me  from  re-enlisting  and  have  severely  limited  my 
current and future job opportunities.  Due to torn ligaments, scar tissue and etc. this injury is 
permanent as listed in the findings of the Physical Evaluation Board which I have enclosed.” 
 
 
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  two  right  ankle  conditions  (right  ankle  instability  &  right  ankle 
anterior  impingement)  meet  the  criteria  prescribed  in  DoDI  6040.44,  and  are  accordingly 
addressed below.  No other conditions are within the Board’s purview.  Any condition outside 
the Board’s defined scope of review may be eligible for future consideration by the Board for 
Correction of Naval Records.  
 
 
RATING COMPARISON:  
 

Ankle 

Anterior 

Code 
5271 

Rating 
Code 
0% 
5311 
Category II 

VA (12 weeks Post-Separation) – Effective 20020406 
Rating 
Condition 
Right Ankle Sprain 
10%* 
No VA Entry  
Pseudofolliculitis Barbae (PFB) 
Combined:  20%* 

Navy PEB – Dated 20010420 
Condition 
Right Ankle Instability 
Right 
Impingement 
↓No Additional MEB/PEB Entries↓ 
Combined:  0% 
*VA rating for right ankle condition was later increased to 20%, by a Decision Review Officer (DRO) decision dated 20030827 
 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed by the CI regarding 
the significant impact his ankle condition has had on his quality of life.  It is noted for the record 
that the Board is subject to the same laws for disability entitlements as those under which the 
Disability Evaluation System (DES) operates.  The DES has neither the role nor the authority to 

Exam 
20010214 

7814 

10% 

20010214 

compensate members for  future  severity  or  potential  complications of conditions.   That  role 
and authority is granted to the Department of Veterans Affairs (DVA).  The Board evaluates DVA 
evidence in arriving at its recommendations, but its authority resides in evaluating the fairness 
of DES fitness and rating determinations at the time of separation.  
 
Right  ankle  instability.    In  January  1999,  this  Marine  suffered  an  inversion  injury  to  his  right 
ankle while playing basketball.  There was a “pop” and immediate swelling.  After that injury, he 
re-injured the right ankle five times.  He was treated, but in spite of treatment his right ankle 
problems persisted, and an MEB was initiated.  His MEB clinical evaluation was on 13 December 
2000.  At that exam, his gait was normal.  He was able to do toe-rise on the left, but not on the 
right.  There was no tenderness to palpation (TTP) of his tendons, and all tendons were intact.  
Slight weakness was noted with eversion of the right ankle.  Anterior drawer testing of the right 
ankle  revealed  a  “clunk”  which  was  not  present  on  the  left.    Stress  X-rays  confirmed 
ligamentous laxity on the right.  Range-of-motion (ROM) testing was done, and is summarized 
in the chart below.  In February 2001, the CI had a VA Compensation and Pension exam.  At that 
exam, his gait was normal.  There was minimal swelling and some TTP of the right ankle.  Motor 
strength was slightly decreased.  Right ankle ROM is summarized in the chart below.   
 

Right Ankle ROM  
(In degrees) 
Dorsiflexion (20⁰ is normal) 
Plantar Flexion (45⁰ is normal) 
Comment 
§4.71a Rating 

MEB ~ 16 Mos. Pre-Sep 
(20001213) 
20⁰ 
40⁰ 
Painful motion 
10%* 

VA C&P ~ 14 Mos. Pre-Sep 
(20010214) 
20⁰ 
45⁰ 
No mention of pain with motion 
0% 

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

 

 
The Board carefully reviewed all evidentiary information available.  The right ankle condition 
was essentially non-compensable based on the Veterans Affairs Schedule for Rating Disabilities 
(VASRD) §4.71a diagnostic codes for the ankle (5270 through 5274).  There is no specific VASRD 
code  for  ankle  instability.    However;  IAW  VASRD  §4.40,  §4.45,  and  §4.59,  a  10%  rating  is 
warranted  when  there  is  satisfactory  evidence  of  functional  limitation  due  to  weakness  or 
painful motion of a major joint.  There was no path to a rating higher than 10% for the right 
ankle since there was no evidence of ankylosis, malunion, or other significant joint abnormality.  
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 10% for right ankle instability.    
 
Other PEB condition.  Right ankle anterior impingement (AI) was adjudicated by the Navy PEB 
as  Category  II  (contributing  to  the  unfitting  condition).    Right  ankle  AI  was  reviewed  by  the 
action officer and considered by the Board.  There was no indication from the record that this 
second ankle condition, in and of itself, significantly interfered with satisfactory performance of 
duty  requirements.    Therefore,  it  does  not  constitute  a  separately  unfitting  condition.    It  is 
appropriate  for  right  ankle  AI  to  be  adjudicated  as  Category  II  (contributing  to  the  unfitting 
condition).  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 
(Resolution  of  reasonable  doubt),  the  Board  determined  that there  was  insufficient  cause to 
recommend a change in the PEB adjudication of the right ankle AI 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  instability,  the  Board  unanimously 
recommends a disability rating of 10%, coded 5299-5271; IAW VASRD §4.40, §4.45, §4.59, and 

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§4.71a.    In  the  matter  of  the  right  ankle  anterior  impingement,  the  Board  unanimously 
recommends no change in the PEB adjudication as Category II.  There were no other conditions 
within the Board’s scope of review for consideration. 
 
 
RECOMMENDATION:  The Board, therefore, recommends that the CI’s prior determination be 
modified as follows, effective as of the date of his prior medical separation: 
 

UNFITTING CONDITION 
Right ankle instability 

VASRD CODE  RATING 
5299-5271 
COMBINED 

10% 
10% 

 
 
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. 
 
 
 
 
 
 
 
 
 

 

           xx 
           Director 
           Physical Disability Board of Review 

   3                                                           PD1200615 
 

      

             

                                       

b. former USMC:  Disability retirement with a final disability rating of 30 percent 

a. former USMC:  Disability separation with a final disability rating of ten (10) percent 

MEMORANDUM FOR DEPUTY COMMANDANT, MANPOWER & RESERVE AFFAIRS 
 
Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS           
 
Ref:   (a) DoDI 6040.44 
          (b) PDBR ltr dtd 11 Feb 13 ICO 
          (c) PDBR ltr dtd 7 Feb 13 ICO   
          (d) PDBR ltr dtd 27 Feb 13 ICO   
          (e) PDBR ltr dtd 7 Mar 13 ICO   
                                         
1.  Pursuant to reference (a) I approve the recommendations of the Physical Disability Board of 
Review set forth in references (b) through (d). 
 
2.  The official records of the following individuals are to be corrected to reflect the stated 
disposition: 
 
 
(increased from zero percent) with entitlement to disability severance pay effective 5 April 2002.  
 
 
(increased from 20 percent) with retroactive placement on the Permanent Disability Retired List 
effective 31 January 2002. 
 
 
c.  former USMC:  Disability separation with a final disability rating of ten (10) percent 
(increased from 0 percent) with entitlement to disability severance pay effective 15 July 2003. 
 
 
(increased from 20 percent) with retroactive placement on the Permanent Disability Retired List 
effective 31 July 2003. 
 
3.  Please ensure all necessary actions are taken, included the recoupment of disability severance 
pay if warranted, to implement these decisions and that subject members are notified once those 
actions are completed. 
 
 
 
 
 
 
 

  xx 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

d. former USMC:  Disability separation with a final disability rating of 40 percent 

 

 
 
 

 
 
 

 
 
 

 
 
 

 
 
 

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