RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20030615 

 
NAME:  X 
CASE NUMBER:  PD1201566 
BOARD DATE:  20130305 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty LCPL/E-3 (0341/Mortar Man), medically separated for 
right  ankle  osteochondritis  dissecans  (OCD)  status  post  (s/p)  scope  and  debridement  right 
ankle.  His ankle pain began in October 2001 during a march, but he did not report the injury 
until March 2002 when he was diagnosed with medial talar dome OCD of the right ankle.  An 
arthroscopy  was  performed  in  April  2002  and  he  was  moved  to  a  more  sedentary  Military 
Occupational  Specialty  (MOS).    He  then  deployed  to  Okinawa  and  resumed  infantry  status 
which  led  to  a  recurrence  of  severe  right  ankle  pain.    Despite  anti-inflammatories  and 
arthroscopy  with  debridement  the  CI  could  not  be  adequately  rehabilitated  to  meet  the 
physical  requirements  of  his  Military  Occupational  Specialty  (MOS)  or  satisfy  physical  fitness 
standards.  He was placed on light duty and referred for a Medical Evaluation Board (MEB).  The 
MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication.  The PEB 
adjudicated the right ankle condition as unfitting, rated 10% with application of the Veteran’s 
Affairs Schedule for Rating Disabilities (VASRD).  The CI made no appeals, and was medically 
separated with a 10% disability rating. 
 
 
CI CONTENTION:  “My R ankle hurts more than before.” 
 
 
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  IPEB – Dated 20030319 
Condition 

Code 

Rating 

VA (2 Mos. Pre -Separation) – All Effective Date 20030616 

Condition 

Code 

Rating 

Exam 

Rt Ankle Osteochondritis 
Dissecans S/P Scope & 
Debridement Rt Ankle 

5299-5003 

10% 

Residuals, Post Op Rt Ankle 

5299-5271 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

Tinnitus 

0% X 2 / Not Service-Connected x 1 

Combined:  20% 

6260 

 
 
ANALYSIS SUMMARY:  The Disability Evaluation System (DES) is responsible for maintaining a fit 
and  vital  fighting  force.    While  the  DES  considers  all  of  the  member's  medical  conditions, 
compensation  can  only  be  offered  for  those  medical  conditions  that  cut  short  a  member’s 
career, and then only to the degree of severity present at the time of final disposition.  The DES 
has neither the role nor the authority to compensate members for anticipated future severity 

10% 

10% 

20030422 

20030428 
20030422 

or  potential  complications  of  conditions  resulting  in  medical  separation  nor  for  conditions 
determined  to  be  service-connected  by  the  Department  of  Veterans  Affairs  (DVA)  but  not 
determined to be unfitting by the PEB.  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. 
 
Right  Ankle  Condition.    The  medical  records  indicate  a  history  of  chronic  right  ankle  pain, 
treated conservatively as a sprain.  The CI had X-rays that was consistent with a diagnosis of 
OCD  of  the  right  medial  talar  dome,  without  subluxation,  recent  fracture  or  sign  of  ankle 
instability.  Magnetic resonance imaging (MRI) of the right ankle in January 2002, confirmed the 
diagnosis, found no evidence of loose body and all tendons, lateral ligamentous structures were 
normal.    A  diagnostic  arthroscopic  surgery  performed  April  2002  revealed  no  evidence  of 
cartilage disruption, but found fluid between ankle joint space and areas of chondromalacia of 
the talotibial joints which were debrided.  These areas were debrided along with the area of 
OCD.    Four  months  after  surgery,  the  CI  presented  to  the  PCC  to  reported  continued  pain, 
especially  when  running  and  with  dorsiflexion.    He  denied  re-injury.    He  denied  numbness, 
tingling and radiation of pain and on examination, pain was elicited with eversion, milder on 
dorsiflexion,  but  he  was  able  to  bear  weight  and  had  full  range-of-motion  (ROM).    At  the 
MEB/narrative  summary  (NARSUM)  examination,  21  January  2003,  approximately  5  months 
prior to separation, the CI reported he was deployed to Okinawa where he resumed his infantry 
status requiring multiple and frequent humps of long duration.  He experienced a recurrence in 
severity and in appearance of the severe ankle pain with each humping exercise.  On physical 
examination, there was tenderness to palpation; dorsiflexion was 10 degrees, plantar flexion to 
40;  notably  there  was  no  increased  tenderness  to  palpation  with  forced  eversion  and 
dorsiflexion or dorsiflexion alone.  The MEB physician noted a second surgery would not serve 
any benefit.  At the Compensation and Pension (C&P) evaluation, 22 April 2003, approximately 
2 months prior to separation, the CI reported pain on climbing and descending stairs and when 
marching.  VA examiner reported normal gait; and noted because of pain the CI was not able to 
walk on the right heel or hop on the right foot.  He was able to perform repetitive squatting 
without  difficulty.    Neurological  examination  was  normal.    Examination  of  the  right  ankle 
demonstrated a definite popping during rotation of the ankle, and greater flexibility than on the 
left.  Dorsiflexion was 5 degrees compared to 20m on the left.  Plantar flexion was 35.  The 
examiner  noted  “ROM  of  the  right  knee  was  also  limited  by  pain  and  instability,  but  not  by 
fatigue, weakness, lack of endurance or incoordination.”  
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB  and  VA  chose  different  coding  options  for  the  condition.    The  PEB  rated  the  condition 
under  the  analogous  5299-  5003  code  (degenerative  arthritis)  and  assigned  a  10%  rating  for 
painful  motion.    The  VA  coding  choice  of  5299-5271  (ankle,  limited  motion)  assigned  a  10% 
rating.  A higher rating under the 5271 code requires evidence of marked limitation of motion 
or the use of another code.  The Board next considered the 5270 and 5272; however, there was 
no objective evidence of ankylosis of the ankle and no evidence of poor weight bearing on the 
ankle.  The Board agreed that, at the time of separation, the CI had some limitation in portions 
of the ROM of his ankle, but that pain on use of the ankle was the predominant source of his 
disability.  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 for the right ankle 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 

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were exercised.  In the matter of the right ankle 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 
5299-5003 
COMBINED 

10% 
10% 

x 
Acting Director 
Physical Disability Board of Review 

Rt Ankle Osteochondritis Dissecans  

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120831, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 
 
 

 

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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 04 Apr 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: 
 
 
 
 
 
 
 
 
 
 
 
 

-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
  
 

 
 
 
 
 
 
 
 
 
 
 

 

 

     
 
 
 
 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  x 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

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