RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2014-03968
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060624

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E4, Military Police, medically separated for bilateral flatfoot condition, rated 10%.

CI CONTENTION:  The applicant requested consideration of all conditions in his application.  His 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 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 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 - 20060516	VARD - 20060511	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Congenital Pes Planus, Symptomatic	5299-5276	10%	Bilateral Plantar Fasciitis with Pes Planus	5276-5279	10%	20060511	
Other MEB/PEB Conditions x 0 (Not In Scope)	Other x 6	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:

Congenital Pes Planus, Symptomatic Condition.  The CI was noted to have mild, asymptomatic pes planus (flat feet) on his accession examination on 14 August 2001.  He entered active service on 10 June 2002 and was first seen for bilateral forefoot pain on 3 December 2002.  He reported pain since a 5½-mile run 3 days earlier.  He was treated with duty restrictions for 2 weeks and the record then falls silent until a physical therapy (PT) appointment on 28 March 2005.  He reported a 3-year history of bilateral foot pain.  His plantar fascia were painful, but his gait was normal.  Over the next year, he was seen periodically for persistent pain and treated with medications, duty restrictions, PT, orthotics, and injections.  Weight-bearing X-rays on 21 October 2005 were normal (did not show pes planus).  He was unable to return to full duty and the CI was referred for an MEB.  The narrative summary (NARSUM) noted that the CI had failed to respond to treatment.  On examination, he had severe pes planus and pain on palpation of the bottom of the feet.  At the VA Compensation and Pension (C&P) exam performed on 11 May 2006, 1 month before separation, the CI reported painful feet since July 2002, but that he had not lost time from work.  On examination, his posture and gait were normal and no assistive device was used.  Both feet were tender to touch and pes planus was present. The examination was otherwise unremarkable and other pathology was specifically noted as absent.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the bilateral congenital pes planus, symptomatic at 10%, coded 5299-5276 (analogous to pes planus).  The VA also rated the CI at 10% for bilateral plantar fasciitis with pes planus, coded 5276-5279 (pes planus-metatarsalgia).  The Board found no route to a higher rating using these or other codes for the feet.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication for the congenital pes planus, symptomatic, 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.  As discussed above, PEB reliance on DoDI 1332.38 for rating the bilateral foot condition was operant in this case and the condition was adjudicated independently of that instruction by this Board. In the matter of the congenital pes planus, symptomatic condition and IAW VASRD §4.71a, 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 20140825, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

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 XXXXXXXXXXXXXXXXXXXXXXX AR20160005603  (PD201403968)

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:

Enclosure 

CF:
( ) DoD PDBR
( ) OVA