RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
Code
5271
Rating
20%
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200697 SEPARATION DATE: 20031130
BOARD DATE: 20130111
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a National Guard SPC/E‐4 (31K10/Combat Signaler), medically
separated for “chronic right ankle pain with loss of subtalar joint motion secondary to fracture
of the talus (26 Jul 02), and subsequent deep aseptic necrosis of talus.” The CI fell off a ladder
July 2002 and sustained a right ankle fracture. After cast removal, the CI continued to complain
of pain and swelling. He was treated with bracing, physical therapy (PT), and steroid injections
without relief. The chronic right ankle pain condition could not be adequately rehabilitated.
The CI did not improve adequately with treatment to meet the physical requirements of his
Military Occupational Specialty or satisfy physical fitness standards. He was issued a
permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the
chronic right ankle pain condition 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% rating.
CI CONTENTION: “My PTSD symptoms are getting worse—nightmares, flashbacks every other
day, hypervigilance, irritability. Ankle injury has worsened also.”
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 right ankle condition as requested for
consideration meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is
addressed below. The other requested condition (Posttraumatic Stress Disorder) is 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 Army Board of Correction of Military Records.
RATING COMPARISON:
Code
5099‐5003
Rating
10%
VA (~7 Mos. Post‐Separation) – All Effective Date 20031201
Condition
Right Talus Fracture
0% X 3
Combined: 20%
Service IPEB – Dated 20030620
Condition
Chronic Right Ankle Pain
↓No Additional MEB/PEB Entries↓
Combined: 10%
* VA “not service connected” conditions and pension conditions are not charted.
ANALYSIS SUMMARY
Chronic Right Ankle Pain Condition. The narrative summary (NARSUM) notes the CI sustained a
right avulsion fracture of the right fibula in July 2002 after falling from a ladder. After removal
Exam
20040621
20040621
of the cast, he continued to have right ankle pain and swelling. He was treated with PT and
steroid injection without pain relief. Magnetic resonance imaging performed in January 2003
showed mid‐talus avascular necrosis, and surgical intervention was not recommended. The
goniometric range‐of‐motion (ROM) evaluations in evidence which the Board weighed in
arriving at its rating recommendation, with documentation of additional ratable criteria, are
summarized in the chart below.
Right Ankle ROM
MEB ~7 Mos. Pre‐Sep*
VA C&P ~7 Mos. Post‐Sep
Dorsiflexion (0‐20⁰)
Plantar Flexion (0‐45⁰)
Comment
0⁰
10⁰
Antalgic gait; significant pain, 1+
nonpitting edema, no inversion
or eversion, he has an immobile
subtalar joint (see text)*
10⁰
30⁰
Antalgic gait, +tenderness,
+DeLuca
20%
20%
* Source orthopedic NARSUM (see text for ROM discussion)
§4.71a Rating
At the MEB exam 7 months prior to separation, the CI reported persistent right ankle pain. The
MEB physical exam noted an immobile subtalar joint with significant tenderness to palpation
over the dorsal aspect of the ankle with 1+ pitting edema. The ankle ROMs were stated as
“ankle shows ROM, he gets approx 90 degrees of dorsiflexion and approx 10 degrees further
plantar flexion to 100 degrees. Total ROM in flexion is 90 to 100 degrees. He has no inversion,
no eversion and he‐has an immobile subtalar joint as well.” The exam is summarized in the
table above. At the VA Compensation and Pension exam 7 months after separation, the CI
reported use of an ankle brace with daily pain with weight bearing, weakness, and swelling.
The VA exam noted an antalgic gait, tenderness over the lateral aspect of the right ankle with
pain on motion. The ROM is charted above and there was “additional functional limitations due
to pain.” Additional VA exams remote from separation indicated worsening of the ankle
condition with a 20% rating being maintained.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the right ankle condition as 5099 analogous to 5003 Arthritis, degenerative
(hypertrophic or osteoarthritis) rated 10%. The PEB disability description indicated “Dorsi and
plantar flexion are well maintained,” however, this was not substantiated by any exam or
treatment note in the record. It is very likely that the non‐standard ROM measurement in the
orthopedic NARSUM was read as a 90 degrees dorsiflexion (normal 20 degrees), which is not
anatomically possible. Evaluation of the exam indicated 0 degrees dorsiflexion and 10 degrees
plantar flexion, IAW VASRD measurement protocols as summarized in the chart above. The VA
coded this condition 5271 Ankle, limited motion of: Marked and rated 20%. All exams in
evidence supported a 20% rating with limitation of plantar flexion and dorsiflexion, loss of
eversion and inversion secondary to subtalar joint fusion, an antalgic gait, tenderness to
palpation, and pain limitation with repetitive use. 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 chronic right ankle pain 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 chronic right ankle pain condition, the Board unanimously
recommends a disability rating of 20%, coded 5299‐5271 IAW VASRD §4.71a. There were no
other conditions within the Board’s scope of review for consideration.
2 PD1200697
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
VASRD CODE RATING
5299‐5271
COMBINED
20%
20%
UNFITTING CONDITION
Chronic right ankle pain with loss of subtalar joint motion
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120608, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXX, AR20130001396 (PD201200697)
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
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
3 PD1200697
CF:
( ) DoD PDBR
( ) DVA
4 PD1200697
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