RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAMEXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00881
BRANCH OF SERVICE:  Marine Corps	SEPARATION DATE:  20090227

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Military Police, medically separated for “right hip pain” with a disability rating of 10%.

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 - 20081117	VARD - 20090602	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip Pain	5099-5019	10%	Bursitis Right Hip	5019-5252	0%	20090526	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Right Hip Pain.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI developed persistent right hip pain following a road march while in basic training.  It persisted despite medications, physical therapy, and rest.  X-rays, a bone scan, and MRI were all normal.  The latter specifically excluded the working diagnosis of a bursitis.  X-rays of the sacro-iliac joints, between the pelvis and lower spine, were also negative.  The MEB forwarded right hip pain for PEB adjudication.  The MEB NARSUM examination dated 8 October 2008, 5 months prior to separation, noted complaints of ongoing pain with activity.  She was limited to walking 2 miles before the onset of pain, could not sit over 20 minutes and stair climbing was painful.  Physical examination was right hip range of motion (ROM) of flexion 115 (normal 125), extension 14 (normal 20) and abduction was 39 (normal 45) to include painful motion.
At the VA Compensation and Pension (C&P) evaluation performed on 26 May 2009, 3 months after separation, the CI reported ongoing pain with increased sitting relieved by medications.  Physical examination revealed a normal gait and the ability to heel and toe walk.  The ROM was flexion 90, extension 45, external rotation 45 (normal 45), abduction 40, adduction 45 (normal), and no painful motion.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated right hip pain 10%, analogously coded 5099-5019 (bursitis).  The VA rated the right hip condition at 0%, analogously coded 5019-5252 (bursitis-limitation of flexion of the thigh) based on the VA C&P examination 3 months after separation, citing non-compensable limitation in motion which was pain free.  Board members agreed there is no compensable ROM limitation under the applicable codes; and, there was no ankylosis, fracture deformity, flail joint or instability, nonunion/malunion.  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 hip pain condition.

BOARD FINDINGS:  In the matter of the right hip pain 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 20150608, 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 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)