RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00474
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20030123

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Multiple Launch Rocket System Operations/Fire Direction Specialist, medically separated for “chronic right hip pain,” with a disability rating of 0%.

CI CONTENTION:  “Since separation have needed surgery and physical therapy.  Injury has prevented me from jointing my career of choice.  Review 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 based on 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 - 20000126	VARD 	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Hip Pain	5019	0%	No VA examination in evidence	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  	

ANALYSIS SUMMARY:  

Chronic Right Hip Pain:  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s right hip pain condition began in April 2000 while in his third week of Advance Individual Training (AIT), he fell while running during physical training.  Radiographic studies were normal showing no structural abnormalities, and bone scan was normal.  His condition was diagnosed as greater trochanteric bursitis and he was referred to physical therapy.  There was no surgical indication, and conservative treatment did not result in improvement sufficient to allow unrestricted duty.  The MEB forwarded “greater trochanteric bursitis, right hip” for PEB adjudication.

The MEB NARSUM dated 3 October 2003, 4 months before separation, noted the last physical therapy visit was in February 2002.  At the time of the NARSUM, the CI was still working in his primary military occupational specialty (MOS).  However, he was unable to perform duties specific to his MOS, such as setting up of camouflage nets, antennas and the tent on the back of the track.  The CI was also unable to lift the heavy computer equipment, and climbing up onto the track or performing vehicle maintenance causes him significant pain.  Physical examination recorded a slight antalgic gait, no neurologic deficits and normal muscle strength.  There was full range of motion (ROM) of the joints of the extremity; however, pain was noted with full flexion, abduction and external rotation of the right hip.  The examiner opined that his condition caused slight and frequent pain.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the condition at 0%, coded 5019 (bursitis), for pain without limitation of motion.  There was no evidence of a VA claim for this condition.  Applicable codes include 5019, 5255, 5251, 5252, and 5253.  A 10% rating under any of the applicable codes required demonstration of hip disability, radiographic degenerative changes or limitation of motion.  The Board found no evidence to support a rating under any of the applicable codes.  However, there was evidence of painful motion with functional loss supporting a 10% rating (based on §4.59, §4.40 and §4.45).    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 chronic right hip pain condition, coded 5019.

BOARD FINDINGS:  In the matter of the chronic right hip pain condition, the Board recommends a disability rating of 10%, coded 5019 IAW VASRD, §4.59, §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	
Chronic Right Hip Pain	5019	10%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150601, w/attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB										

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 
XXXXXXXXXXXXXXXXXX, AR20170002126 (PD201500474)

1.  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, accept the Board’s recommendation to modify the individual’s disability rating to 10% without re-characterization of the individual’s separation.  This decision is final.  

2.  I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum.   

3.  I request that a copy of the corrections and any related correspondence be provided to the individual concerned, counsel (if any), any Members of Congress who have shown interest, and to the Army Review Boards Agency with a copy of this memorandum without enclosures.

 BY ORDER OF THE SECRETARY OF THE ARMY:

CF: 
(  ) DoD PDBR
(  ) DVA