DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 3507-02
18 November 2002
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 November 2002.
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
Your allegations of error and
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
The Board found that you were released from active duty on 27 August 1992 and transferred
to the Temporary Disability Retired List
(TDRL) with a 30% rating under Department of
talar malunion with pain. On 18 February 1993, the
Veterans Affairs (VA) code 5283, for
Department of Veterans Affairs, after independently evaluating your disability, awarded you a
rating of 10% under code 5271, for limitation of motion of your right ankle joint, residual to
a fracture. Your condition was reevaluated at a Navy facility on 31 October 1997, and the
results of the examination were forwarded to the Physical Evaluation Board (PEB).
December 1997, the PEB made preliminary findings that you remained unfit for duty, and
that your disability was ratable at 20%.
As you did not respond to the notification of the
findings of the PEB, which were mailed to your address of record, your acceptance was
presumed. Your case was finalized on 21 January 1998, when the President, PEB, requested
that the Commandant of the Marine Corps effect your separation from the Marine Corps by
reason of physical disability, with entitlement to disability severance pay.
On 15
The Board noted that VA code 5283 provides four rating for non-union or malunion of the
tarsal or metatarsal bones: 40% for loss of use of the foot; 30% for severe non-union or
malunion; 20% for moderately severe; and 10% for moderate. VA code 527 1 provides for a
20% rating for marked limitation of motion of the ankle, and 10% for moderate limitation of
motion. It appeared to the Board that your condition fell somewhere between moderate and
moderately severe, and as such, was not ratable above 20%.
that the PEB failed to rate your condition correctly, the Board was unable to recommend any
corrective action in your case. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
As you have not demonstrated
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by the Board. In this regard, it is
important to keep in mind that a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval record, the burden is on the
applicant to demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
AF | PDBR | CY2009 | PD2009-00547
The Board considered this evaluation in determining the CI’s condition at the time of separation from service. While the VASRD code 5276 could be used analogously, it appears that the malunion of the metatarsal fractures with subsequent pain, arthritis, and painful motion of the right foot and ankle as well as the inability to perform or sustain prolonged or exertional activities are the conditions that limited the CI’s ability to perform the required duties of his rank and rating. The CI...
AF | PDBR | CY2012 | PD 2012 01918
The Board directs attention to its rating recommendationbased on the above evidence.The PEB rated the left foot condition 20%, coded 5284 (other foot injuries) and the VA rated initially as not service-connected as noted but subsequently as arthrosis tarsometatarsal joint left foot at 10%, also coded 5284. The CI had painful foot ROM noted and reported pain with use of the left foot. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record
AF | PDBR | CY2013 | PD-2013-01762
Normal ankle and foot exam. For the ankle condition, the VA applied code 5271 (limited motion of the ankle) and rated it 10% consistent with “moderate” based on “minimal functional impairment.”Since the NARSUM and C&P exams addressed both the foot and ankle conditions together, the Board first considered which exam was the most probative exam on which to base its rating recommendation. Physical Disability Board of Review
AF | PDBR | CY2012 | PD 2012 01902
CI CONTENTION : “ a) Service connection for status post third metatarsal stress fracture only rated (10%); b )Service-connection for left olecranon bursitis was never rated by the Physical Evaluation Board, the VA rated this condition at 10%; c) Service-connection for lumbar strain was never rated by the Physical Evaluation Board, the VA rated this condition at 20%: d) Pay Grade E3 at the time of separation, Physical Evaluation Board pay grade rating for E 1; e) VA current service connected...
AF | PDBR | CY2014 | PD 2014 00319
RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXX CASE: PD-2014-00319BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20141114 SEPARATION DATE: 20011217 I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00905
The PEB adjudicated the chronic left foot and ankle pain condition and mechanical LBP condition as unfitting, rated 10% and 0% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Foot and Ankle Pain Condition . The PEB’s 0% rating was based on an assessment that the condition was characterized by “slight subjective symptoms only.” The VA’s 20% rating was assigned for “muscle spasm on extreme forward bending, loss of lateral spine motion,...
AF | PDBR | CY2013 | PD-2013-02738
Pre-Separation) -ConditionCodeRatingConditionCodeRatingExam Chronic Right Ankle Pain…50100%Residuals of Right Ankle Fracture with Talonavicular Joint Osteoarthritis, Right Foot527120%20061031Other x 0 (Not In Scope)Other x 8 RATING: 0%RATING: 20% *Derived from VA Rating Decision (VARD)dated 20070127(most proximate to date of separation (DOS)). On 1August 2005, a range-of-motion (ROM) evaluation was performed by physical therapy (PT).No pain was noted on motion, but ankle pain was reported...
AF | PDBR | CY2014 | PD-2014-02102
Chronic Left Ankle Pain Condition . The Board agreed that the evidence in record supported the left ankle condition to be “mild” given the CI’s ability to transfer easily from sitting to standing without pain,to have a normal gait, normal ROM, to work out once a week on a treadmill,and the report that the ankle condition had no impact on work or daily activities. RECOMMENDATION : The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation...
AF | PDBR | CY2013 | PD-2013-01938
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. RATING COMPARISON : Service IPEB – Dated 20050208VA -Based on Service Treatment Records(STR)ConditionCodeRatingConditionCodeRatingExam Stress Fractures, Bilateral Navicular Bone5003-528310%Left Foot Navicular Bone Stress Fracture528410%STR5003-528310%Right Foot...
AF | PDBR | CY2009 | PD2009-00478
The VA, however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service connected condition. In the matter of the painful left ankle condition (sinus tarsi syndrome), the Board unanimously recommends a rating of 20% coded 5262 IAW VASRD §4.71a. Service Treatment Record.