RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00554
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20070124

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an National Guard E2, Basic Trainee, medically separated for “right hip pain due to right greater trochanteric bursitis,” with a disability rating of 0%.

CI CONTENTION:  The applicant makes no specific contention 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 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 - 20061218	VARD - 20080324	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip Pain	5019	0%	Right Hip Injury	5299-5252	NSC	20071016	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS: N/A	

ANALYSIS SUMMARY:  

Right Hip Pain.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s right hip pain began after a fall in December 2005.  Radiologic imaging as well as nuclear scans were diagnostically normal.  Diagnosed with bursitis, non-surgical treatment to include pain medication and physical therapy did not adequately rehabilitate the CI to meet the physical requirements of military service.  The MEB forwarded “right greater trochanteric bursitis, pain is moderate and frequent” for PEB adjudication.  

At the MEB NARSUM examination, the CI’s chief complaint was “right hip pain.”  He also endorsed occasional numbness within his right leg, for which he states is “activity related.”  His detailed physical examination (PE) with hip range of motion (ROM) was conducted on 7 November 2006, 3 months prior to separation, and revealed near normal parameters excepting adduction of 20 degrees (normal 45).  He ambulated with a cane.  There was no comment in regards to the presence of painful motion and lower extremity strength and neuro-sensory findings were normal and intact.  

At the VA Compensation and Pension (C&P) examination on 16 October 2007, 9 months after separation, the CI’s PE revealed only slight improvement with hip adduction of 25 degrees with pain.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the left hip condition at 0% coded 5019 (bursitis).  The VA analogously rated the condition as not service connected under the primary code of 5252 (thigh; limitation of flexion).  Board members first agreed that the NARSUM examination held the greatest probative value by being in close reference to the date of separation.  Although not specifically documented in the STR, Board members carefully looked at the limited degree of hip adduction and considered if such limitation supported the inability to cross ones’ legs (code 5253).  After extensive deliberation, all members agreed that the minimum range of hip adduction necessary as to accomplish crossing ones’ legs is 25 degrees.  Therefore, 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 right hip condition.  

BOARD FINDINGS:  In the matter of the right hip condition, the Board unanimously recommends a disability rating of 10%, coded 5253 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 his prior medical separation:  

CONDITION	VASRD CODE	RATING	
Right Hip Pain 	5253	10%	

The following documentary evidence was considered:

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

SAMR-RB										

MEMORANDUM FOR Commander

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXXXXXX, AR20160018753 (PD201500554)

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