RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00874
BRANCH OF SERVICE:  Marine Corps 	SEPARATION DATE:  20070831  

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E1, Basic Marine, medically separated for “right leg pain,” with a disability rating of 20%.

CI CONTENTION:  “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 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 - 20070803	VARD 	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Proximal Tibial Fracture 	5299-5262	20%	No VA examination in evidence	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  	

ANALYSIS SUMMARY:  

Right Proximal Tibial Fracture.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s right leg condition began on his 56th day of training.  The CI fell onto his right leg while engaged in a pugil-stick event.  Radiographic (X-rays) studies showed a fracture of the proximal tibia through an area of an apparent stress fracture.  The CI was casted and progressed to partial weight bearing.  Despite treatment, the right leg condition could not be adequately rehabilitated to meet the physical requirements of the CI’s military specialty and the CI was referred for MEB.  The MEB forwarded “closed fracture of upper end of tibia” for PEB adjudication.  

The MEB NARSUM examination on 27 June 2007, 2 months prior to separation, noted no specific complaints.  Physical examination showed a palpable callus at the proximal tibia that was mildly tender to deep palpation.  There was mild swelling surrounding the fracture site.  Range of motion (ROM) at the knee showed a flexion of 90 degrees (normal 140) and a normal extension of 0 degrees.  ROM at the ankle was 10 degrees of dorsiflexion (normal 20), and 10 degrees of plantar flexion (normal 45).  The CI was only partial weight bearing in a cast.  

At the orthopedic clinic examination on 17 August 2007 the physician noted that the CI had been ambulatory without an assistive device or pain.  On examination there was a palpable callus formation at the fracture site.  There was no tenderness to palpation and no reported pain with stress on the tibia.  There was full active ROM at the knee and mild stiffness at the ankle.  X-rays of the right tibia/fibula revealed that there was good callus formation at the fracture site consistent with healing.  There was no VA examination within the 12-month period for consideration.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the right leg pain condition 20%, coded analogously 5299-5262 (tibia and fibula, impairment of).  The evidence did not support a rating for marked knee or ankle disability.  There was no limitation of motion which supported a higher rating under the diagnostic codes for limitation of flexion or extension (5270, 5271).  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 right leg pain condition.  

BOARD FINDINGS:  In the matter of the right proximal tibial fracture 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 20150603, w/attachments
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 7 Dec 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:

		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC

						  XXXXXXXXXXXXXXXXXX
	     				  	  Assistant General Counsel
						  	 (Manpower & Reserve Affairs)