RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2014-03976
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080222

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Avenger Crewmember, medically separated for “chronic plantar fasciitis” with a disability rating of 0%.  

CI CONTENTION:  The CI contends that he was not evaluated for his back condition and nerve damage in his left leg.  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 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 based upon a 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 - 20080229	VARD - 20080513	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Plantar Fasciitis…	5399-5310	0%	Bilateral Plantar Fasciitis	5276	10%	20080228	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  40%	

ANALYSIS SUMMARY:  

Bilateral Plantar Fasciitis.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s bilateral plantar fasciitis condition began in January 1999 after jumping off of a truck during a previous period of active duty service.  The MEB forwarded “chronic plantar fasciitis…” for PEB adjudication.  The MEB NARSUM examination on 29 November 2007, 3 months prior to separation, noted complaints of bilateral heel pain that recurred 7 months after returning to active duty service. Pain was worse with activity.  The physical examination showed tenderness of the bottoms of both feet.  At the 28 February 2008 VA Compensation and Pension (C&P) evaluation, performed the month of separation, the CI reported soreness in both feet, right greater than left, usually occurring each morning on a daily basis, somewhat better with activity, worse with prolonged running, more than 3 miles, or prolonged standing more than an hour.  The physical examination showed tenderness of both feet otherwise normal foot examination.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the bilateral plantar fasciitis condition 0%, analogously coded 5399-5310 (muscle injuries of the foot and leg, group X), citing EPTS.  The VA rated the bilateral plantar fasciitis condition 10% coded 5276 (flat, acquired), based on the VA C&P examination 6 days after separation , citing pain on manipulation and use of the feet.  The Board noted that the CI initially injured is feet during a previous period of active service and was discharged for reasons that did not include disability.  On resumption of active service during this period of active service the CI did not complain of symptoms of plantar fasciitis for the first 7 months of service.  The Board additionally noted the CI had normal arches documented on his initial MEPS physical examination in 1997 and only after his 1999 injury did he have flat feet disputing the PEB’s assertion that the CIs condition is developmental (inferring congenital) and aggravated by service.  The Board furthermore noted the CI demonstrated pain on manipulation and use of the feet substantiating a 10% rating.  There was no evidence of any periods of incapacitation or abnormal gait which would be required for a higher 20% rating on either foot for moderately severe muscle dysfunction (5310) or evidence of marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use and characteristic callosities – 30% (5276).  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 10% for the bilateral plantar fasciitis condition, coded 5276.  

BOARD FINDINGS:  In the matter of the bilateral plantar fasciitis condition, the Board unanimously recommends a disability rating of 10%, coded 5276 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 the prior medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Bilateral Plantar Fasciitis	5276	10%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140910, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
               BOARDS 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
 
Ref:   (a) DoDI 6040.44
       (b) CORB ltr dtd 22 Sep 16

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, approve the recommendations of the PDBR that the following individual’s records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board:

		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN

					XXXXXXXXXXXXXXXXXXXX
	     			Assistant General Counsel							  (Manpower & Reserve Affairs)