RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

 

                                 BRANCH OF SERVICE:  ARMY 
           SEPARATION DATE:  20020305 

 
NAME:  XXXXXXXXXXXXXXXXX                 
CASE NUMBER:  PD1200651                             
BOARD DATE:  20121108         
 
 
SUMMARY  OF  CASE:  Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  PFC/E-3  (77F/Petroleum  Specialist)  medically 
separated  for  a  right  hip  condition.    She  developed  right  hip  pain,  without  a  discrete  injury, 
soon after entering the Army.  It worsened over time and could not be adequately rehabilitated 
to  meet  the  physical  requirements  of  her  Military  Occupational  Specialty  (MOS)  or  satisfy 
physical fitness standards.  She was consequently issued a permanent L3 profile and referred 
for a Medical Evaluation Board (MEB).  The condition was forwarded to the Physical Evaluation 
Board (PEB) as medically unacceptable IAW AR 40-501.  No other conditions were submitted by 
the MEB.  The PEB adjudicated the right hip condition as unfitting, rated 10%, referencing the 
US Army Physical Disability Agency (USAPDA) pain policy.  The CI made no appeals, and was 
medically separated with a 10% disability rating. 
 
 
CI CONTENTION: The application does not elaborate any specific comments or requests.  
 
 
SCOPE  OF  REVIEW:    The  Board  wishes  to  clarify  the  scope  of  its  review  as  defined  in 
Department of  Defense Instruction  (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  rating  for  the  unfitting  right  hip  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 Army Board 
for Correction of Military Records.  
 
 
RATING COMPARISON:  
 

Service PEB – Dated 20011228 

Condition 

Chronic Right Hip Pain 

Code 

5099-5003 

Rating 
10% 

No Additional MEB/PEB Entries 

Combined:  10% 

VA  – Effective 20020306 
Code 

Condition 

Stress Fracture, Right Hip  
Gastroesophageal Reflux Disease 

5299-5252 
7399-7346 

Not Service Connected x 1 
Combined:  20% 

Rating 
10% 
10% 

Exam 
STR* 
STR 
STR 

 

ANALYSIS SUMMARY:  
 

*STR = Service treatment record.  No post-separation VA evaluations in evidence. 

 

Right Hip Condition.  The narrative summary (NARSUM) related a 15-month history of right hip 
pain  (length  of  service was  20  months)  with progressive  worsening;  this,  in  spite  of  multiple 
clinic visits, multiple medication trials, joint injections, and physical therapy.  Plain radiographs 
of  the  lumbar  spine  and  hip  were  normal;  although,  magnetic  resonance  imaging  (MRI) 
revealed  a  benign  cyst  of  the  right  acetabulum  (hip  socket),  and  a  bone  scan  reported  a 
suspected healed stress fracture of the right sacral wing.  The diagnosis remained non-specific.  
Service entries do not note any specific injuries, and do not document an abnormal gait or need 
for  assisted  ambulatory  devices.    The  CI  remained  on  profiles  from  January  2001  until 
separation.    The  NARSUM  noted  constant  hip  pain  (unquantified),  and  inability  to  climb  on 
vehicles  or  lift  heavy  objects.    The  physical  exam  (similar  to  outpatient  entries)  noted 
“tenderness  over  the  right  hip  region  diffusely;”  and,  range-of-motion  (ROM)  measurements 
were flexion 100 degrees (normal 125 degrees; minimal compensable 45 degrees), extension 20 
degrees (normal), abduction 45 degrees (normal), adduction 45 degrees (normal), and external 
rotation 20 degrees (normal 45 degrees; minimal compensable 15 degrees).  The MEB history 
and physical documented “increased pain with ROM.”  
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB’s  10%  rating  analogously  to  5003  (degenerative  arthritis)  was  supported  by the  USAPDA 
pain policy, but was compliant with VASRD §4.71a criteria.  There was no compensable ROM 
impairment,  although  VASRD  §4.59  (painful  motion)  was  supported  to  achieve  the  minimal 
compensable rating of 10%.  The only alternative joint code reasonably considered is 5299-5255 
(femur,  impairment  of),  which  offers  a  20%  rating  for  ‘moderate’  hip  disability  and  30%  for 
‘marked’ hip disability.  The 5255 code is specific for hip or femur fractures with nonunion or 
malunion, however; and, thus its analogous application to this case is tenuous.  Members also 
agreed  that  characterization  of  the  hip  disability  as  ‘moderate’  or  worse  would  require  an 
overly speculative interpretation of the evidence at hand.  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 of the right hip 
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.  As discussed above, PEB 
reliance on the USAPDA pain policy for rating the right hip condition was operant in this case 
and it was adjudicated independently of that policy by the Board. In the matter of the right hip 
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: 
 

VASRD CODE  RATING 
5099-5003 
COMBINED 

10% 
10% 

Chronic Right Hip Pain 

UNFITTING CONDITION 

 

 

 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120605, w/atchs. 
Exhibit B.  Service Treatment Record. 
Exhibit C.  Department of Veterans Affairs Treatment Record. 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXXXXX 
           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 
XXXXXXXXXXXXXXXXXXXXXX, AR20120021425 (PD201200651) 
 
 
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 and hereby deny the individual’s application.   
This decision is final.  The individual concerned, counsel (if any), and any Members of Congress 
who have shown interest in this application have been notified of this decision by mail. 
 
BY ORDER OF THE SECRETARY OF THE ARMY: 
 
 
 
 
Encl 
 
 
 
CF:  
(  ) DoD PDBR 
(  ) DVA 
 
 

     XXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)