RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

                                                          BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20030630 

 
NAME:  XXXXXX 
CASE NUMBER:  PD1200751                                                  
BOARD DATE:  20130124 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty PVT/E-1 (9900/Trainee), medically separated for left 
femoral neck stress fracture (left hip condition).  The CI could not be adequately rehabilitated 
conservatively to complete recruit training.  Due to the prolonged period of healing the CI was 
referred for a Medical Evaluation Board (MEB).  The MEB forwarded no other conditions for 
Physical  Evaluation  Board  (PEB)  adjudication.    The  PEB  adjudicated  the  left  hip  condition  as 
unfitting,  rated  20%,  with  application  of  the  Veterans  Affairs  Schedule  for  Rating  Disabilities 
(VASRD).  The CI made no appeals, and was medically separated with a 20% disability rating.   
 
 
CI CONTENTION:  “In 2003 I was medically discharged from the Marine Corp. with a disability 
rating of 20% and a finding of a left femoral neck stress fracture at 25% across the bone. After 
my assessment with the VA they rated me at 10% with a finding of Tendonitis. Since 2003 I have 
always had issues with my hip. I have to limit my travel time because I cannot sit for too long 
without pain, which is typically no more than 30 minutes. My exercises have to be very limited, 
I cannot lift over 20-25 lbs. without pain thereafter and the following day as well as walking 
excess of a quarter mile. I have been in to the VA consistently since 2003 complaining of the 
pains I do have in my hip, but have never received a clear diagnosis. In times of weather change 
I have a constant aching in my hip. I have recently had to quit my job to go to an office type 
setting where I am not required to do any lifting, but still have issues with sitting too long. I 
have a daughter and my hip has limited my ability to do certain activities with her as well as 
holding her during any times of pain. I have just recently in July 2011 asked to be reevaluated 
by the VA they have just approved me in April 2012, but only raised my rating to 20% with the 
same finding of Tendonitis but with limited flexion. Since 2003 I have dramatically had to alter 
my life around my hip with what 1 can and cannot do, and have had to just deal with the pains 
that came with everyday living.” 
 
 
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 Board for Correction of Naval Records.   
 
 
RATING COMPARISON:   
 

Service  PEB – Dated 20030430 
Condition 
Left  Femoral  Neck  Stress 
Fracture 
Combined:  20% 
*Increased to 20% effective 20110620  

Code 
5003-5255 

Rating 
20% 

VA (3 Mos. Post-Separation) – All Effective Date 20030701 
Condition 
Iliotibial  Band  Tendonitis,  Hist 
of S/P Left Femoral Stress  Fx 
Combined:  10% 

Code 
5024-5252 

Rating 
10%* 

Exam 
20030929 

ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed in the CI’s application, 
i.e.,  that  there  should  be  additional  disability  assigned  for  conditions  which  will  predictably 
worsen over time.  It is a fact, however, that the Disability Evaluation System has neither the 
role  nor  the  authority  to  compensate  members  for  anticipated  future  severity  or  potential 
complications of conditions resulting in medical separation.  This role and authority is granted 
by Congress to the Department of Veterans Affairs. 
 
Left Hip Condition.  The CI complained of left hip pain after 12 days of recruit training.  She was 
treated  with  rest  for  a  confirmed  left  femoral  neck  stress  fracture  on  both  bone  scan  and 
magnetic resonance imaging (MRI).  After 5 weeks of rest she was challenged with a walk-run 
program and on day 3 she noted an increase of left hip pain, a 7 of 10 in intensity.  Repeat MRI 
imaging  revealed  findings  consistent  with  a  femoral  neck  stress  fracture.    The  non-medical 
assessment  corroborated  her  medical  condition  and  her  inability  to  perform  any  assigned 
duties.    There  were  two  goniometric  range-of-motion  (ROM)  evaluations  in  evidence,  with 
documentation of additional ratable criteria, which the Board weighed in arriving at its rating 
recommendation; as summarized in the chart below.   
 

DOS 20030630 
MEB ~3 Mo. Pre-Sep 
120⁰ 
30⁰ 
30⁰ 
#⁰ 
#⁰ 
 
10% 

VA C&P ~3 Mo. Post-Sep 
105,103,102,102⁰ 
10,10,8,7⁰ 
30,32,30,30⁰ 
40.38,38,37⁰ 
20,18,18,17⁰ 
 
10% 

Left Hip (Thigh) ROM 
Flexion (0-125⁰) 
Extension (0-20⁰) 
External Rotation (0-45⁰) 
Abduction (0-45⁰) 
Adduction (0-45⁰) 
Comment 
§4.71a Rating* 
*Conceding §4.59 painful motion 
 
The MEB physical exam demonstrated painful motion with external rotation, a double leg stand 
and with FABER testing (provocative test for hip pathology).  The neuromuscular findings were 
normal.  The exam was silent to gait.  The examiner cited the findings of the most proximate 
MRI in March which revealed a femoral neck stress fracture without significant interval change 
from  the  January  MRI  exam.    The  examiner  opined  she  may  require  a  prolonged  period  of 
crutches, partial weight bearing and needed close follow-up to document healing and she likely 
would recover.  At the VA Compensation and Pension (C&P) exam the CI reported left hip pain, 
5  of  10  in  intensity  which  was  aggravated  with  walking  up  to a  mile  and  sitting for 2  hours, 
relieved with aspirin, heat or changing positions and did not affect her activities of daily living.  
The  C&P  exam  demonstrated  normal  gait,  ambulation  and  squat  maneuver,  decreased  ROM 
with abduction, no instability or locking and normal neuromuscular findings.  Plain radiographs 
of the left femur appeared intact and grossly unremarkable.  The examiner diagnosed status 
post (s/p) stress fracture of the left femoral neck, resolved and Iliotibial band tendonitis. 
 
The Board directs attention to its rating recommendation based on the above evidence.  This 
rating  includes  consideration  of  functional  loss  lAW  VASRD  §4.10  (Functional  impairment), 
§4.40 (Functional loss), §4.45 (DeLuca), and §4.59 (Painful motion).  While the MEB exam was 
not completely compliant with VASRD §4.46 (Accurate measurement) and the ratable data in 
either exam were not similar, this did not bear on the rating.  The PEB and VA chose different 
coding  options  for  the  condition,  but  this  did  not  bear  on  rating  both  were  IAW  §4.71a—
Schedule of ratings–musculoskeletal system.  The PEB assigned a generous rating of 20% with 
an analogous code under 5255 (femur, impairment of, malunion of) for the presence of a stress 
fracture  on  X-rays  with  moderate  hip  disability.    The  VA  assigned  a  rating  of  10%  with  the 
analogous code 5024 (Tenosynovitis) with 5252 (Thigh, limitation of flexion of) for limitation of 
flexion  motion  with  fatigue,  reduced  strength  and  reported  increasing  pain  with  prolonged 

   2                                                           PD1200751 
 

walking  or  sitting.    The  Board  acknowledges  the  X-ray  evidence  revealed  a  healed  stress 
fracture therefore the VA could not consider coding with the 5255 code and further notes the 
VA ratable data allows the minimum compensable 10% rating for painful motion.  The Board 
considered  the  30%  rating  under  5255  code  and  members  agreed  the  evidence  does  not 
support marked hip disability at the time of separation.  After due deliberation, considering all 
of  the  evidence  and  mindful  of  VASRD  §4.3  (Resolution  of  reasonable  doubt),  the  Board 
concluded that there was insufficient cause to recommend a change in the PEB adjudication for 
the left 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.    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  left  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:   
 

UNFITTING CONDITION 
Left Femoral Neck Stress Fracture 

VASRD CODE  RATING 
5003-5255 
COMBINED 

20% 
20% 

 
 
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 
 
 
 
 
 
 
 
 
 

 

           XXXXXX 
           Director 
           Physical Disability Board of Review 

   3                                                           PD1200751 
 

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW 
                                     BOARDS  

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 

Ref:   (a) DoDI 6040.44 

             (b) CORB ltr dtd 08 Feb 13 
 

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for 
the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR 
that the following individual’s records not be corrected to reflect a change in either characterization 
of separation or in the disability rating previously assigned by the Department of the Navy’s 
Physical Evaluation Board: 
 
 

 

 

 

     

 
 
 
 
 
 

-  xx former USMC 
-  xx former USMC 
-  xx former USN  
-  xx former USMC 
-  xx former USMC 
-  xx former USN  
  

 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

xxxxx 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

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