RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020531
NAME: XXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200755
BOARD DATE: 20130124
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an Air National Guard Soldier, SGT/E‐5 (62F/Crane Operator),
medically separated for chronic pain, left hip status post (s/p) open reduction and internal
fixation (ORIF) of fracture, with arthrosis and heterotopic ossification. The CI suffered a left hip
fracture when he was run over by a road grader in Honduras in which the ripper fork stuck into
his lower left buttock and he was dragged approximately 50 meters until the machine stopped.
The CI also fractured his sternum, fractured three ribs, tore the labrum of the right shoulder,
and fractured his right clavicle. Initial surgery was performed in Honduras and the CI was
evacuated to Brooke Army Medical Center. The CI developed a left hip infection and
underwent several left hip irrigation and debridement procedures and an ORIF. Despite the
numerous and extensive left hip surgeries, physical therapy (PT) and orthopedic evaluations,
the CI failed to meet the physical requirements of his Military Occupational Specialty (MOS) or
satisfy physical fitness standards. He was issued a permanent U3/L3 profile and referred for a
Medical Evaluation Board (MEB). An Air Force MEB forwarded left hip arthrosis and
heterotopic ossification limiting his motion that was approved by the Army. The MEB
forwarded no other conditions for Informal Physical Evaluation Board (IPEB) adjudication. In
February 2002, the IPEB adjudicated the chronic pain, left hip s/p ORIF and fracture, with
arthrosis and heterotopic ossification as unfitting, rated 10%, with application of the Veteran’s
Affairs Schedule for Rating Disabilities (VASRD). The CI filed a non‐concurrence and requested a
Formal PEB (FPEB). However, after the FPEB reviewed additional information (two MEB
Addenda dated 25 March 2002 and 8 April 2002 and an electrodiagnostic study dated 10 April
2002), it affirmed the 10% rating and the CI concurred. He was then medically separated with a
10% disability rating.
CI CONTENTION: The CI states: “All my injuries were not in doctor’s report to medical board.
Broken collarbone not attached at my shoulder Right shoulder droops down Left knee was
scoped meniscus repair not sure if in doctor’s report to medical board and also right shoulder
scope to repair rotator cuff and cut end of my collarbone off at same time. I’m not sure if all
injuries and or repairs made were doctor’s report. I don’t know if medical board was aware of
everything going on with me when they made their decision.”
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 other requested conditions, broken
collarbone, right shoulder, and left knee are 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 for Correction of Military
Records.
RATING COMPARISON:
Service Admin Corrected PEB
Dated 20020321
Condition
Code
Rating
Chronic Pain, Left Hip
status post ORIF of
Fracture with Arthrosis
and Heterotopic
Ossiification
5003
10%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
VA (21 Mos. Post‐Separation) – All Effective Date 20031223*
Condition
Residuals, Open Trochanteric Fracture
Left Hip, Post‐Operative ORIF
Scars, Left Buttock
Surgical Scar, Left Hip and Upper
Trochanteric Area
Code
5252
7804
7804
0% X 2 / Not Service‐Connected x 5
Rating
Exam
0%
10%
10%
20040203
20040203
20040203
20040203
Combined: 20%
*Date disability claim received by VA.
ANALYSIS SUMMARY: The Board acknowledges the CI’s assertions that the Medical Board may
not have been aware of the broken collar bone, right shoulder, and left knee when they made
their decision. It is noted for the record that the Board has neither the jurisdiction nor
authority to scrutinize or render opinions in reference to the CI’s statements in the application
regarding suspected improprieties in the processing of his case. The Board’s role is confined to
the review of medical records and all evidence at hand to assess the fairness of PEB rating
determinations, compared to VASRD standards, based on severity at the time of separation. It
must also judge the fairness of PEB fitness adjudications based on the fitness consequences of
conditions as they existed at the time of separation.
Chronic Pain Left Hip Condition. There were four 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.
Left Hip (Thigh)
ROM
Flexion (0‐125⁰)
Extension (0‐
20⁰)
External
Rotation (0‐45⁰)
Internal
Rotation (0‐45⁰)
Abduction (0‐
45⁰)
Adduction (0‐
45⁰)
Comment
NARSUM
~14 Mo. Pre‐Sep
NARSUM
~7 Mo. Pre‐Sep
Ortho ~4 Mo.
Pre‐Sep
VA C&P
~20 Mo. Post‐Sep
‐
‐
35⁰
15⁰
‐
‐
‐
‐
85⁰
20⁰
15⁰
40⁰ (38)
20⁰ (18)
30⁰ (28)
‐
15⁰
30⁰
‐
110⁰
‐
40⁰
10⁰
45⁰
‐
Slight
Trendelenburg
gait; weakness
of left
abductors;
numbness on
posterior
aspect left leg;
Slight
Trendelenburg
gait; weakness
of left
abductions;
numbness on
posterior
aspect left leg
Measured for
MEB
Gait with trace limp on the left; pain in
groin/lateral hip region with extremes of
flexion, abduction, internal rotation; no
additional limitation of ROM with repetition; ½
inch shortening of left leg; squatting caused
left hip pain and sensation of pressure in left
hip; strength 4‐4+ in left lower extremity, 4+
on right; decreased pinprick Left thigh along
wound area/scars left buttock; no significant
muscle atrophy; reflexes normal
§4.71a Rating
10%
10%
10%
10%
2 PD1200755
The original fracture was an open avulsion fracture of the left greater trochanter without injury
to the femoral neck or proximal femur. An early left hip X‐ray in June 1999 showed a callous
formation along with surgical changes. The CI initially underwent an MEB narrative summary
(NARSUM) examination in April 2001, 14 months prior to separation that indicated left hip
weakness with ambulation, stiffness, limited ROM and pain. The examiner further noted that a
left hip X‐ray showed a heterotrophic ossification around the hip joint that limited hip motion
causing an inability to run and sit for long periods. The MEB exam findings are summarized in
the chart above. The MEB NARSUM completed 7 months prior to separation, documented
findings unchanged from the initial MEB examination. These MEB physical exam findings are
summarized in the chart above. The commander’s statement documented that the CI’s injuries
prevented him from performing his MOS. The CI complained of occasional numbness and
tingling in the left leg, however the electromyelogram (EMG) and nerve conduction velocity
(NCV) testing done in April 2002 were normal. The VA Compensation & Pension (C&P) joint
examination approximately 20 months after separation indicated that there was chronic pain in
the hip that was aggravated by sitting, standing, or walking. The C&P examination by neurology
completed a day later also documented an increase in left hip pain when walking and the
examiner opined that the pain and numbness in the leg was related to the injuries rather than
sciatica. The physical exam findings from both C&P exams are summarized in the chart above.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the chronic pain left hip condition 5003 [Arthritis, degenerative (hypertrophic or
osteoarthritis)] rated at 10%. The VA selected more specific code 5252 (Thigh, limitation of
flexion of) rated 0% but could not achieve a compensable rating based on the C&P findings
(absence of limited ROM at a compensable level). The CI had two MEB exams because the first
MEB was over 6 months old. The Board cannot explain the difference of the extremely limited
external rotation ROM noted in the second MEB, as this is inconsistent with the other exams,
but the CI may have had increased pain at that time. The limited external rotation ROM outlier
could have been an examiner’s estimate, as there is no direct indication that a goniometer was
used. The Board agreed that the more probative evaluation reflecting disability at separation
was that of the MEB examination closest to separation. This examination clearly warranted
application of VASRD §4.59 painful motion to achieve the minimal compensable rating of 10%.
There was no compensable ROM impairment under the 5252 limitation of flexion code. Code
5253 thigh impairment was considered; but, loss of motion beyond 10 degrees abduction was
not documented and this would be the only route to a rating higher than 10% under that code.
Therefore, there is no route to a rating higher than 10% under any applicable joint code and no
coexistent pathology that would merit additional rating for the hip condition under a separate
code. After due deliberation in consideration of the preponderance of the evidence, the Board
concluded that there was insufficient cause to recommend a change in the PEB rating
determination for the chronic pain 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 chronic pain 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.
3 PD1200755
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5003
COMBINED
10%
10%
Chronic Pain Left Hip
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
SFMR‐RB
XXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20130001613 (PD201200755)
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
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200755
5 PD1200755
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