| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Stanley Kelley | Chairperson | ||
| Mr. John T. Meixell | Member | ||
| Mr. Thomas E. O’Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: Reconsideration of his request to change his administrative separation to a disability separation.
APPLICANT STATES: The applicant makes no additional statement, providing his original DD Form 149 as his request. He has provided copies of his service medical records and his Department of Veterans Affairs (VA) rating decision as supporting evidence.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 August 2001 (docket number AR2001056146).
The applicant’s discharge packet is still not available.
A Chronological Record of Medical Care dated 25 February 1998 shows the applicant sought treatment for a complaint of shin splints for the past week and pain while walking and running. He was diagnosed with a stress fracture. He was instructed to walk with crutches only, no standing more than 15 minutes, and no standing without crutches.
An automated outpatient record dated 17 March 1998 shows that the applicant reported for medical treatment with a broken down cast due to his chain of command’s disregarding instructions in the care of his nonweight-bearing cast. A short-leg nonweight bearing plaster cast was applied and he was given crutches.
A Chronological Record of Medical Care dated 25 March 1998 shows the applicant was scheduled for removal of a cast, that he had no problem with his right shin, and there was no pain at that time to palpation of the tibia.
A VA rating decision dated 9 August 1999 awarded the applicant a 50 percent disability rating for sleep apnea syndrome, a 10 percent rating for low back pain, a zero percent rating for tonsillitis, a zero percent rating for stress fracture of the left tibia, and a zero percent rating for stress fracture of the right tibia.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The available medical records do not substantiate the applicant’s claim that a ¾ inch crack was discovered in his shins.
2. Without the discharge packet being available for review, it cannot be determined exactly why the applicant was recommended for separation.
3. There is no evidence to show the applicant was unable to perform his duties. The available medical records do not show that he was ever given a permanent or temporary profile because of shin splints. An inability to pass the Army Physical Fitness Test does not necessarily render an individual unable to perform his military duties. In the absence of evidence to show that the applicant was unable to perform his military duties due to his shin splints, it appears that a disability separation is not an appropriate consideration.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_SK___ ___JTM__ __TEO____ DENY APPLICATION
| CASE ID | AR2002067137 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/06 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
AF | PDBR | CY2012 | PD2012 01274
Pre-Separation) – All Effective Date 20021011ConditionCodeRatingConditionCodeRatingExam Chronic right lower leg pain5099-50030%History of a stress fracture of the right tibia with shin splints502210%20020925↓No Additional MEB/PEB Entries↓0% X 0 / Not Service-Connected x 0 Combined: 0%Combined: 10% ANALYSIS SUMMARY :The Board’s authority as defined in DoDI 6040.44, resides in evaluating the fairness of Military Disability Evaluation System (MDES) fitness determinations and rating decisions...
ARMY | BCMR | CY2003 | 03097777C070212
The applicant states that he had severe stress fractures and shin splints on both legs, a lower back injury, and depression; however, the Physical Evaluation Board (PEB) only rated him zero percent disabled because of his right tibia, and because of time constraints failed to rate him for his lower back injury and depression. On 23 July 2003 a Physical Evaluation Board (PEB) determined that the applicant's condition – periostitis, right tibia with leg pain, without limitation of motion, was...
AF | PDBR | CY2009 | PD2009-00520
The CI did not appeal the case, and was thus medically separated with a 10% combined disability rating. The Board considered any additional lower extremity disability contributed from bilateral pes planus and healed stress fracture of the right tibia in rating the CI’s unfitting shin splint conditions. In the matter of the bilateral shin splints condition, the Board unanimously recommends that each leg be separately adjudicated as follows: an unfitting right shin splint condition, coded...
ARMY | BCMR | CY2001 | 2001059203C070421
However, a subsequent nuclear bone scan showed that her husband had a “near stress fracture of the right shin.” She then states that her husband was a good soldier who always passed his physical training tests, and who had been on the Army Weight Control Program (AWCP) for some time. In support of his request the applicant also submits a radiology examination report dated 19 May 1998 which shows the applicant did not have a stress fracture, but had bilateral shin splints, the right worse...
AF | PDBR | CY2014 | PD-2014-00867
Pre-Separation)Condition CodeRatingConditionCodeRatingExamBilateral Shin Splints (10% rating for each leg)…5299-526220%Right Anterior Tibialis Tendonitis52620%*20080922Left Anterior Tibialis Tendonitis52620%*20080922Other x 0 (Not in Scope)Other x 3 Combined: 20% Combined: 0%Derived from VA Rating Decision (VARD) dated 20090224 (most proximate to date of separation [DOS]) *VARD dated 20090805 increased the left and right anterior tibial tendonitis to 10% each effective 20081119. The PEB...
AF | PDBR | CY2012 | PD 2012 00953
The PEB adjudicated bilateral anterior knee pain syndrome as unfitting, rated 0% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy and recurrent stress fracture of right tibia as unfitting, rated 0% with application of the VA Schedule for Rating Disabilities (VASRD). The MEB examiner referred to the exam results documented on the MEB DD Form 2808 which are summarized in the chart above.The VA Compensation and Pension (C&P) exam approximately 8 days prior...
ARMY | BCMR | CY2002 | 2002066882C070402
He provides a VA Rating Decision showing the correct codes and that he is presently rated at 40 percent disabled. On 18 November 1999, an informal PEB found the applicant unfit for duty for a diagnosis of bilateral leg pain secondary to stress fractures, rated as slight/frequent, VASRD codes 5299 and 5003, with a 10 percent disability rating. Evidence showed there was no restricted motion in the left knee due to a tibia injury.
AF | PDBR | CY2010 | PD2010-00092
The VA considered the CI’s shin conditions (left MTSS and right MTSS) as rating individually for mild disability IAW §4.71a, using rating code 5262, and awarded the CI a rating of 0% for the left shin and awarded the CI a rating of 0% for the right shin. There was no indication that this condition contributed to the CI’s LIMDU for his shin condition. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered...
AF | PDBR | CY2013 | PD2013 00001
In March 2003, approximately 11 months prior to separation, the CI was evaluated by orthopedic physician who indicated a normal right leg with normal range-of-motion (ROM); diagnosis of periotitis of right lower extremity was made.All treatment entries indicated full ROM, normal gait, and tenderness to palpation of the right leg. The PEB rated right leg pain condition at0% under code 5022(periostitis) for pain, while the VA rated the right leg condition at 10% as 5262 (impairment of tibia)...
AF | PDBR | CY2012 | PD2012-00119
I have been (ever since my Army separation undergoing treatment with VA for my disabilities. Bilateral Shin Splints Condition . Therefore, the Board deliberated three rating recommendations, which are all compliant with VASRD §4.71a: 1) A bilateral rating of 10%, coded 5022 (periostitis); 2) Separate 10% ratings, coded with preferred analogous VASRD code 5262-5022 (tibia and fibula, impairment of) for the rating of shin splints conceding §4.40 (“a part which becomes painful on use must be...