RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01101
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090507   

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an National Guard E2, Light Wheel Vehicle Mechanic, medically separated for “foot injury other, due to bilateral calcaneal stress fractures,” with a disability rating of 20%.  

CI CONTENTION:  The CI claims both feet were broken.  Her 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 - 20090424	VARD - 20100127	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Foot Injury Other, due to Bilateral Calcaneal Stress Fractures	5299-5284	20%	Right Foot Injury, due to Calcaneal Stress Fracture	5299-5284	0%	STR	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Bilateral Calcaneal Stress Fractures.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI developed bilateral heel pain during the 5th week of Basic Training without specific injury.  The clinical examination and X-rays were consistent with bilateral calcaneal (heel bone) stress fractures.  Conservative management including partial weight bearing (crutches), medications, and convalescent leave failed to improve the condition sufficiently to return the training and she was referred for an MEB.  The MEB NARSUM examination on 16 March 2009, 2 months prior to separation, noted complaints of constant pain aggravated by activity.  On examination, her gait was normal.  The calcanei were tender to palpation bilaterally.  The next day, the commander recommended retention noting that the CI was walking without crutches or other assistive device and navigating uneven terrain and stairs without difficulty.  The MEB forwarded chronic bilateral heel pain with healing calcaneal stress fractures for PEB adjudication.  There was not a VA Compensation and Pension (C&P) evaluation in evidence.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the bilateral foot condition at 10% each, 20% with application of the bilateral factor, analogously coded 5299-5284 (foot injuries, other), citing moderate severity based on painful motion.  It noted that the condition was unfitting due to the risk of further injury if retained.  The VA rated the right foot condition 0% analogously coded 5284 (Foot injuries, other), based on the STR, citing a non-compensable evaluation assigned in the absence of moderate symptoms associated with a foot injury.  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 bilateral foot condition.  

BOARD FINDINGS:  In the matter of the bilateral foot 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 recommends 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 20150609, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170011693, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,