RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20030731 

 
NAME:  X 
CASE NUMBER:  PD1201639 
BOARD DATE:  20130306 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  LCpl/E-3  (6173/CH-53  Crew  Chief)  medically 
separated for osteochondritis dissecans (OCD) of the right ankle.  He was treated, but did not 
improve adequately to fully perform his military duties or meet physical fitness standards.  He 
was placed on limited duty (LIMDU) and underwent a Medical Evaluation Board (MEB).  The 
MEB  listed  four  ankle  conditions  on  the  NAVMED  6100/1,  and  referred  him  to  a  Physical 
Evaluation Board (PEB).  The PEB found him unfit due to tibial OCD of the right ankle, and rated 
it 10%.  The other three ankle conditions were all adjudicated as Category II (contributing to the 
unfitting condition).  The CI made no appeals and was medically separated with a 10% disability 
rating. 
 
 
CI  CONTENTION:  “The  medical  condition  and  subsequent  surgery  that  forced  me  out  of  the 
Marine Corps caused me daily pain at the time of discharge and continues to degenerate. In 
addition  to  the  original  PEB,  the  VA  found  additional  conditions  that  should  have  been 
considered at the time.  The VA found my total disability rating at 30% which would have made 
me eligible for retirement.” 
 
 
SCOPE OF REVIEW:  The Board’s scope of review as defined in DoDI 6040.44, 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  conditions  “identified  but  not  determined  to  be 
unfitting by the PEB.”  The unfitting right ankle condition (osteochondritis dissecans of the tibia) 
meets the criteria prescribed in DoDI 6040.44 and is addressed below.  Since the other three 
ankle  conditions  all  contribute  to  the  unfitting  condition,  they  too  are  addressed  below.  
However,  no  other  conditions  are  within  the  Board’s  purview.    Any  condition  outside  the 
Board’s  defined  scope  of  review  may  be  eligible  for  future  consideration  by  the  Board  for 
Correction of Naval Records. 
 
 
RATING COMPARISON: 
 

Navy PEB – dated 20030604 

Condition 
Right Ankle OCD 
Right Ankle Instability 
Right Ankle Pain 
Right Ankle Fracture 

Code 

5299-5003 

Rating 
10% 

Category II 
Category II 
Category II 

VA (2 weeks Pre-Separation) – All Effective 20030801 

Condition 

Code 

Rating 

Exam 

Right Ankle Condition 

5299-5271 

10% 

20030711 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

Right Shoulder Condition 
Tinnitus 

5299-5203 

6260 

0% x 6 / Not Service Connected x 3 

10% 
10% 

20030711 
20030710 
20030711 

Combined:  30% 

 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed by the CI regarding 
the impairment with which his conditions continue to burden him, and the significant impact 
they have had on his quality of life.  It is noted for the record that the Board is subject to the 

same  laws  for  disability  entitlements  as  those  under  which  the  Disability  Evaluation  System 
(DES) operates.  The DES has neither the role nor the authority to compensate members for 
future severity or potential complications of conditions.  That role and authority is granted to 
the Department of Veterans Affairs (DVA).  The Board evaluates DVA evidence in arriving at its 
recommendations, but its authority resides in evaluating the fairness of DES fitness and rating 
determinations  at  the  time  of  separation.    While  the  DES  considers  all  of  the  CI's  medical 
conditions, compensation can only be offered for those conditions that cut short a member’s 
career, and then only to the degree of severity present at the time of separation.  The DVA, 
however, is empowered to compensate for all service-connected conditions and to periodically 
re-evaluate  conditions for  the purpose  of  adjusting  the  Veteran’s  disability  rating  should  the 
degree of impairment change over time. 
 
Right Ankle Condition.  This CI injured his right ankle in December 2001.  Magnetic resonance 
imaging  (MRI)  showed  a  possible  osteochondritis  dissecans  lesion  of  the  distal  tibia.  He  was 
treated with touch down weight bearing (TDWB) for 7 weeks, but his pain persisted.  Further 
evaluation found an old talar fracture, as well as subtalar instability.  He then had ankle surgery 
to  fix  the  problems  with  his  right  ankle.    After  surgery  and  post-operative  rehabilitation  his 
symptoms were better.  However, he continued to have persistent right ankle pain and an MEB 
was initiated. 
 
The MEB clinical evaluation was on 24 February 2003.  At that exam, he had good range-of-
motion (ROM), and no numbness.  His strength was improving and he was full weight-bearing. 
Active  dorsiflexion  was  10  degrees  and  passive  plantar  flexion  was  40  degrees,  with  good 
inversion-eversion.  Motor strength was normal.  In July 2003, the CI had a VA Compensation 
and Pension (C&P) exam.  He reported that he was not able to run or do stairs because the right 
ankle was painful and fatigued easily.  On exam, the ankle was somewhat painful to lateral and 
medial flexion.  The CI could not hop on the right leg due to pain in the right ankle.  There was 
no  objective  evidence  of  motor  weakness  or  other  neurological  findings.    The  two  ROM 
evaluations which the Board weighed in arriving at its recommendation are summarized below. 

 

MEB ~5 Mo. Pre-Sep 

(20030224) 

VA C&P ~2 weeks Pre-Sep 

(20030711) 

Right Ankle ROM 

Dorsiflexion (20⁰ is normal) 
Plantar Flexion (45⁰ is normal) 

§4.71a Rating 

10⁰ 
40⁰ 
10%* 

20⁰ 
45⁰ 
10%* 

*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion) 

 
The  Board  carefully  reviewed  all  available  evidence.  The  PEB  and  VA  chose  different  coding 
options for the right ankle condition, but both assigned a rating of 10%.  Using clinical data in 
the  treatment  record,  the  CI’s  right  ankle  was  non-compensable  based  on  the  Veterans’ 
Administration Schedule for Rating Disabilities (VASRD) §4.71a codes for loss of ankle motion 
(5270 through 5272).  However, IAW VASRD §4.40, §4.45, and §4.59, a 10% rating is warranted 
when there is satisfactory evidence of functional limitation due to painful motion of a major 
joint.  The Board tried to find a path to a higher rating for the right ankle, but there was not 
sufficient evidence to justify a rating higher than 10%.  After due deliberation, considering all of 
the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability 
rating of 10% for the unfitting right ankle condition (tibial osteochondritis dissecans). 
 
Other PEB Conditions.  Three other ankle conditions were adjudicated by the PEB as Category II 
(related  to  and  contributing  to  the  unfitting  condition).    These  three  other  conditions  were: 
right  ankle  subtalar  functional  instability,  persistent  right  ankle  pain,  and  right  ankle  lateral 
process fracture of the talus.  They were all reviewed by the action officer and considered by 
the Board.  The evidence in the treatment record supports the conclusion that these conditions 
were indeed related to and contributed to the unfitting condition.  It is therefore appropriate 

2                                                           PD1201639 

that these three conditions be considered Category II.  After due deliberation, considering all of 
the  evidence  and  mindful  of  VASRD  §4.3  (reasonable  doubt),  the  Board  unanimously 
recommends no change to the PEB adjudication of these three other ankle conditions. 
 
 
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.    In  the  matter  of  the 
unfitting  right  ankle  condition  (OCD  of  the  tibia),  the  Board  unanimously  recommends  no 
change to the PEB adjudication.  In the matter of the other three PEB conditions (right ankle 
subtalar  functional  instability,  persistent  right  ankle  pain,  and  right  ankle  lateral  process 
fracture of the talus) the Board unanimously recommends no change to 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:   
 

Right Ankle Osteochondritis Dissecans of the Tibia 

UNFITTING CONDITION 

VASRD CODE  RATING 
5299-5003 
COMBINED 

10% 
10% 

 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120731, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 
 
 

 

X 
Acting Director 
Physical Disability Board of Review 

3                                                           PD1201639 

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) 

4                                                           PD1201639