RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2014-03878
BRANCH OF SERVICE:  Army	SEPARATION DATE:  20020316

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E3, Truck Driver, medically separated for “left pelvic non-separated stress fracture,” with a disability rating of 0%.

CI CONTENTION:  “Please consider all conditions.”  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 - 20020011226	VARD - 20020214	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Pelvic Non-Separated Stress Fracture	5099-5003	0%	Residuals of a Left Pelvic Stress Fracture	5299-5015	10%	20020214	
COMBINED RATING:  0%	COMBINED RATING FOR ALL CONDITIONS:  10%	

ANALYSIS SUMMARY:

Left Pelvic Non-Separated Stress Fracture.  The first record in evidence is an acute care noted dated 15 March 2000 which noted a 7 weeks history of left hip pain (shortly after accession) and that the CI was using crutches for partial weight bearing.  It also recorded that she had been on convalescent leave and was being treated in physical therapy.  An X-ray on 29 March 2000 noted a healing stress fracture of the left femoral neck (hip bone) and pubic ramus (pubic bone).  A bone scan on 6 September 2000 showed slight uptake in the left pubic bone.  An X-ray of the left hip on 2 October 2000 was normal.  She continued with limited duty and rehabilitation, but was not able to meet full duty requirements and was referred for MEB.  The Medical Evaluation Board (MEB) narrative summary (NARSUM) was dated 5 June 2001, 9 months prior to separation.  Motion of the left hip was painful and decreased for rotation with normal extension and flexion.  At the DD Form 2808, Report of Medical Examination, on 14 November 2001, 4 months prior to separation, the range of motion (ROM) of the left hip was normal but painful.  A CT scan of the left pelvis on 12 December 2001 showed a non-separated fracture which was stable from an examination a year prior.  

At the VA Compensation and Pension (C&P) examination performed on 14 February 2002, a month before separation, the motion of the left hip remained painful and the left pubic bone was tender.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the left pelvic fracture condition at 0%, coded 5099-5003 (Analogous to degenerative arthritis). The VA rated the condition at 10%, coded 5299-5015 (Analogous to new bone growth).  The Board considered these codes as well as others for the hip.  The limitation in motion of the hip was non-compensable, but consistently painful.  The hip was normal on X-ray, but a persistent fracture of the pubic bone was noted on CT scan prior to separation.  The Board considered the evidence and determined that while neither code was advantageous over the other, a 10% rating was supported due to painful motion IAW VASRD §4.59 (Painful motion).  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (Reasonable doubt), the Board recommended a disability rating of 10% for the left pelvic stress fracture condition IAW VASRD §4.59 (Painful motion).

BOARD FINDINGS:  In the matter of the left pelvic stress fracture condition, the Board unanimously recommends a disability rating of 10%, coded 5099-5003 IAW VASRD §4.71a.  There were no other conditions within the Board’s scope of review for consideration.  The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of her prior medical separation:

CONDITION	VASRD CODE	RATING	
Left Pelvic Non-Separated Stress Fracture	5099-5003	10%	
RATING	10%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140814, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

Dear 

The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability.  I have reviewed the Board's recommendation and record of proceedings (copy enclosed) and I accept its recommendation.  This will not result in any change to your separation document or the amount of severance pay.  A copy of this decision will be filed with your Physical
Evaluation Board records.  I regret that the facts of the case did not provide you with the outcome you may have desired.

This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

A copy of this decision has also been provided to the Department of Veterans Affairs and to the counsel you listed on your application, 

Sincerely,

Enclosure