Search Decisions

Decision Text

AF | PDBR | CY2014 | PD-2014-02685
Original file (PD-2014-02685.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXX      CASE: PD-2014-02685
BRANCH OF SERVICE: Army  BOARD DATE: 20150710
SEPARATION DATE: 20050105


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-3 (Fuel and Electric Services Repair Specialist) medically separated for chronic left groin pain. The left groin condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). “Chronic left groin pain” and “left quadriceps tear” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. The Informal PEB adjudicated “chronic left intermittent groin pain” as single unfitting condition, rated 10%, with likely application of Veterans Affairs Schedule for Rating Disabilities (VASRD) . The CI made no appeals and was medically separated.


CI CONTENTION: “Please consider all conditions.” His complete submission is at Exhibit A.


SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e. (2). It is limited to those conditions determined by the PEB to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting. Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military/Naval Records. Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of VASRD standards to the unfitting medical condition at the time of separation. The Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions. That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws. The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.


 RATING COMPARISON :

IPEB – Dated 20041123
 VA* - ~5 Months Post-Separation
Condition
 Code Rating Condition Code Rating Exam
Chronic Left Intermittent Groin Pain 5315 10% Residuals of Left Groin Muscle Tear, Muscle Group XV 5315 10% 20050609
Other MEB/PEB Conditions x 0 (Not In Scope)
 Other x 12
RATING: 10%
 COMBINED RATING: 90%
* Derived from VA Rating Decision (VA RD ) dated 200 50922 (most proximate to date of separation ( DOS ) ) .





ANALYSIS SUMMARY:

Chronic Left Groin Pain. The CI was initially seen for left groin pain on 24 September 2002 when he reported a 2 week history of pain following an injury playing football. He was later found to have a chronic tear of the adductor longus muscle on an MRI. Despite treatment, his pain persisted. He was not a surgical candidate and was thought to have received maximal medical benefit. On 12 August 2004, he was given a permanent L3 profile and referred to an MEB. The narrative summary (NARSUM), 2 months prior to separation, noted that the CI had a 4 cm mass in the left upper thigh thought to be a retracted segment of the adductor longus muscle. On examination, his strength was 4+/5, but he was able to heel and toe walk. He had some difficulty with deep squats. Even though the examiner noted that the tear was in the adductor longus muscle, the diagnosis was listed (erroneously) as left groin pain and left quadriceps muscle tear (a different muscle). This error was continued by the MEB, but corrected by the PEB. This had no impact on the rating adjudication. At the VA Compensation and Pension (C&P) examination performed on 9 June 2005, 5 months after separation, the CI reported limited walking as well as back and knee pain. His gait and motor function were normal. Atrophy was absent.

The Board directed its attention to its rating recommendation based on the above evidence. The PEB and VA both rated the left groin pain at 10%, coded 5315 (moderate impairment of Group XV which includes the adductor longus). The Board noted that the VA rater assigned a 20% rating in the discussion, but 10% was listed under the conditions “Subject to Compensation” on both this rating decision and the one dated 20 January 2011. The Board noted that the gait was listed as normal and the motor function was either normal or near normal. This does not support impairment at the moderately severe level for a higher 20% rating. 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 adjudication determination for the left groin pain 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 intermittent left groin pain condition and IAW VASRD §4.73, 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 re-characterization of the CI’s disability and separation determination.












The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20140501, with attachments
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record



XXXXXXXXXXXXXXXXXXXX
President
Physical Disability Board of Review






SAMR-RB                                                                         


MEMORANDUM FOR Commander, US Army Physical Disability Agency
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557


SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXXXXX, AR20150014906 (PD201402685)


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                                                  XXXXXXXXXXXXXXXXXXXX
                                                      Deputy Assistant Secretary of the Army
                                                      (Review Boards)
                                                     
CF:
( ) DoD PDBR
( ) DVA
                 
        

Similar Decisions

  • AF | PDBR | CY2011 | PD2011-00991

    Original file (PD2011-00991.docx) Auto-classification: Denied

    The PEB adjudicated the left obturator neuritis, s/p GSW in pelvis condition as unfitting, rated 0% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Evaluation at this time by the pain clinic, noted some tenderness at the bullet entrance scar on the abdominal wall. The CI noted he could function with medication during painful flares.

  • AF | PDBR | CY2012 | PD2012-00866

    Original file (PD2012-00866.pdf) Auto-classification: Denied

    Multifactorial left hip pain refers to pubic ramus stress fracture, chronic tendinosis in the thigh adductors and inguinal and sacroiliac ligaments. All members agreed there was evidence of painful motion and decreased function warranting a rating of 10% with application of §4.59 and §4.40. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: UNFITTING CONDITION Multifactorial Left Hip...

  • AF | PDBR | CY2014 | PD-2014-00544

    Original file (PD-2014-00544.rtf) Auto-classification: Approved

    Post-Separation)ConditionCodeRatingConditionCodeRatingExam Left Groin and Hip Pain50030%Degenerative Joint Disease of the Left Hip(Claimed as Left Hip Injury)500310%20050628Other x 0 (Not In Scope)Other x 17 RATING: 0%RATING: 20% *Derived from VA Rating Decision (VARD)dated 20050713(most proximate to date of separation [DOS]). Left Hip (Thigh) ROM (Degrees)MEB 4 Mo. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB...

  • AF | PDBR | CY2013 | PD-2013-02596

    Original file (PD-2013-02596.rtf) Auto-classification: Approved

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. Right Thumb and Right Hand Condition . After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a TDRL placement disability rating of 30% and a TDRL...

  • AF | PDBR | CY2013 | PD2013 00500

    Original file (PD2013 00500.rtf) Auto-classification: Denied

    RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: xxxxxxxxxxxxxxxxxxxx CASE: PD1300500 BRANCH OF SERVICE: AIR FORCE BOARD DATE: 20130827 No other conditions were submitted by the MEB.The PEB adjudicated “left shoulder bidirectional instability due to left anterior labral tear and type II SLAP tear”as unfitting, rated 20%,with cited application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals, and was medically separated. Although there was...

  • AF | PDBR | CY2013 | PD-2013-02101

    Original file (PD-2013-02101.rtf) Auto-classification: Approved

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. Bilateral Knee Pain 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...

  • AF | PDBR | CY2012 | PD2012 01974

    Original file (PD2012 01974.rtf) Auto-classification: Approved

    Chronic Left Hip Pain . However, a specialist did diagnose a soft tissue LBP condition 1 October 2002 as separate from the left hip pain The Board agreed that based on the evidence in the record both the left hip and LBP conditions were reasonably considered to be separately unfitting conditions at the time of separation. Chronic left hip pain condition: the VA rated the left hip pain condition as 8529 (neuropathy, external cutaneous nerve of the thigh) at 10%.

  • AF | PDBR | CY2012 | PD-2012-01921

    Original file (PD-2012-01921.rtf) Auto-classification: Denied

    The MEB also identified and forwarded history of cellulitis, left knee, chronic bilateral hip pain secondary to bilateral iliotibial band friction syndrome, chronic mechanical low back pain, mild (less than a centimeter) left shorter than right limb length discrepancy, and mild bilateral pes planus conditions.The PEBadjudicated “left patellofemoral pain with secondary chronic left knee pain” as unfitting, rated 10%, with likely application of the Veterans Affairs Schedule for Rating...

  • AF | PDBR | CY2014 | PD-2014-02106

    Original file (PD-2014-02106.rtf) Auto-classification: Denied

    Right Inguinal Pain Condition .The treatment record reflected that the CI had a right-sided inguinal hernia repair done in 2005 with a return of painful symptoms in 2006. 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...

  • AF | PDBR | CY2013 | PD-2013-00025

    Original file (PD-2013-00025.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The PEB requested a psychiatric evaluation due to reference in the MEB and medical records of anxiety disorder NOS and PTSD.The NARSUM psychiatric addendum dated 19 July 2001 notedthe CI’s episodic anxiety was due to...