RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20011212
NAME: XXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200877
BOARD DATE: 20130116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty PV2/E-2 (96B/Intelligence Analyst), medically
separated for chronic left hip flexor tendinitis. The CI was unable to meet the physical
requirements of her Military Occupational Specialty or satisfy physical fitness standards. The CI
was issued a permanent U3 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 left hip condition as unfitting, rated 0%, with application of the
Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was
medically separated with a 0% disability rating.
CI CONTENTION: “I believe the was evidence of injury that should have been compensated
once I was discharged. I received compensation for the exact same injuries that I received a
rating of 0%.”
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 left hip condition requested for
consideration meets the criteria prescribed in DoDI 6040.44 for Board purview, and is
accordingly addressed below. The right hip and lumbar which were rated by the VA but not
identified by the MEB 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:
VA (5.5 Mos. Post-Separation) – All Effective Date 20011213
Condition
Chronic Bursitis Left Hip
Chronic Bursitis Right Hip
Radiating Symptomatology of L
spine associated with B Hip bursitis
0% X 0 / Not Service-Connected x 0
Combined: 30%
Rating
10%
10%
10%
Code
5019
5019
5295
Exam
20020628
20020628
20020628
Service IPEB – Dated 20011113
Condition
Left Hip flexor tendinitis
Code
5099-5024
Rating
0%
↓No Additional MEB/PEB Entries↓
Combined: 0%
ANALYSIS SUMMARY:
Left Hip Condition. There were three 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.
Left Hip (Thigh) ROM
(Degrees)
Flexion (125 normal)
Extension (20)
External Rotation (45)
Abduction (45)
Adduction (45)
Comment
Ortho ~3.5 Mo. Pre-Sep
MEB ~2 Mo. Pre-Sep
VA C&P ~6 Mo. Post-Sep
115
-
45
-
-
Tenderness
>100
-
30-40
60
-
Without pain
Minimal tenderness
Minimal limp
100
15
40
30
20
Painful motion.
Gait and posture normal
0% (PEB 0%)
10% (VA 10%)
§4.71a Rating
10%
The CI developed left hip pain during basic training. X-rays and bone scan revealed no
abnormality with the left hip. The hip pain would aggravate with physical activity and
movement, therefore the CI was never able to pass the Army Physical Fitness Test. The CI was
evaluated by orthopedics who concluded that the CI's symptoms were not likely to resolve
within a reasonable period of time in the military environment and recommended referral to
the PEB. At the MEB exam (2 months prior to separation), the CI had “full, active/passive” ROM
of the hips without pain as noted in the table. There was minimal tenderness to palpation
along anterior inguinal ligament. The CI walked with minimal limp, jump was equal, could jog
without pain and heel-toe walk without difficulty and full deep knee bends were noted. At the
VA Compensation and Pension (C&P) exam (6 months after separation), the ROM is noted in
the table above. The CI did have pain with motion of the left hip. There were no abnormal
weight bearing signs; posture and gait were normal. There was no further limitation by fatigue,
weakness, lack of endurance or incoordination.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated the left hip condition 0% citing "chronic left hip flexor tendinitis [...] rated as
tenosynovitis without loss of range of motion. (MEBD Dx 1, 2 NARSUM: 1. chronic left hip
tendonitis and 2. left hip intra-articular irritation)”; and coded the condition 5099-5024
(tenosynovitis). The VA rated 10% citing limitation of motion coded 5019 (bursitis). The Board
notes that the VASRD directs that both diagnoses codes 5019 and 5024 be rated on limitation
of motion of the affected parts, as arthritis, degenerative. The CI's ROM is not limited to
support even the 10% lowest rating and thus would be rated at 0%. The Board considered the
application of §4.59, (Painful motion). The CI did have pain with movement at the orthopedic
evaluation about a month prior to the MEB examination and at the C&P exam 6 months after-
separation. The Board concluded that the CI does have painful motion in sufficient frequency
to support a rating of 10%. 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 the left hip flexor tendonitis 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 flexor tendonitis condition, the Board unanimously
recommends a disability rating of 10%, coded 5099-5024 IAW VASRD §4.71a. There were no
other conditions within the Board’s scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of her prior medical separation:
UNFITTING CONDITION
Left Hip Flexor Tendonitis
VASRD CODE RATING
5099-5024
COMBINED
10%
10%
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, DAF
Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXX, AR20130002538 (PD201200877)
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 10%
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
XXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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