RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2014-00217
BRANCH OF SERVICE:  AIR FORCE	SEPARATION DATE:  20020604

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Explosive Ordinance Disposal, medically separated for “hamstring tear with slow healing,” with a disability rating of 10%.  

CI CONTENTION:  The CI’s condition continues to worsen and negatively impacts daily activities.  The CI’s complete submission is at Exhibit A.

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (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 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 the Veterans Affairs Schedule for Rating Disabilities (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: 

SERVICE PEB – 20020408	VARD - 20070516	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Hamstring Tear with Slow Healing	5313	10%	Residuals of Left Hamstring Tear	5313	10%	20061116	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Hamstring Tear with Slow Healing.  The CI was first seen in orthopedics on 16 July 2001, 2 months after accession, after he had felt a pop in his left hamstrings and a lump in his leg.  This was similar to a previous episode in April 1999 on the same side.  He was treated with physical therapy and crutches for a partial hamstring tear.  His symptoms failed to resolve and his duty restrictions were continued. An MRI on 17 January 2002 showed some abnormality in the hamstrings muscles.  When seen in orthopedics 1 week later, he was thought to have a possible tear of the semi-tendinosis tendon (one of the hamstring muscles) and fit for duty, but not able to run for at least another 6 months.  Two months later, the commander noted that the CI had yet to finish training for an AFSC and determined that it was in his best interest to be separated from the USAF.  The narrative summary (NARSUM) was dictated by an orthopedist and dated 22 March 2003, just over 2 months prior to separation.  The CI reported that he was not able to squat which interfered with his occupation.  On examination, he had a “palpable wad of muscle” about 4 inches above the back of the knee with a small defect in the fascia (connective tissue between muscle groups) just above it.  His gait was not abnormal, but some activities, such as squatting, were uncomfortable.  It was noted that he did not have time for complete healing and would not likely to be able to resume full activities once healed; therefore, a PEB was recommended.  The VA Rating Decision (VARD) documented a normal ROM, but some weakness (Grade 3-4/5).  There was no pain or tenderness.  

The Board directed its attention to its rating recommendation based on the above evidence.  The PEB and VA both rated the muscle condition at 10%, coded 5313 (Group XIII muscles, hamstrings), for a moderate disability.  The Board considered the evidence and found no route to a higher 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 fitness determination for the hamstring tear condition.  

BOARD FINDINGS:  In the matter of the hamstring tear 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.  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 20131222, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAF/MR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, MD  20762

Dear XXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2014-00217.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.

Sincerely,

Attachment:
Record of Proceeding