RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01194
BRANCH OF SERVICE:  Marine Corps	SEPARATION DATE:  20050615

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

CI CONTENTION:  The CI states his conditions continue to worsen.  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 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 - 20050408	VARD - 20050712	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Osteoarthritis, Right Hip	5299-5003	10%	Status Post Right Hip Arthroscopic Surgery…	5299-5255	0%	20050412	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Osteoarthritis of the Right Hip.  According to service treatment records and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s right hip condition began in August of 2003 with pain and popping without trauma.  Diagnostic imaging (MRI and arthrogram) revealed grade 3-4 osteochondritis along the right femoral head and a 1.4 centimeter lesion on the superomedial femoral head.  The CI received surgery in January 2005 for repair and debridement of a grade 4 lesion on the femoral head with full thickness cartilage loss.  The MEB forwarded “osteoarthrosis, unspecified” for PEB adjudication.

The MEB NARSUM examination on 8 March 2005, 3 months prior to separation, revealed the right hip flexed 0 to 110 degrees (normal 125) and externally rotated 0 to 40 degrees (normal 45); painful motion was not addressed.  The gait and strength were normal with intact motor and sensory functions.  The examiner noted the absence of a palpable click.  At the MEB examination (recorded on DD Forms 2807 and 2808) dated 11 March 2005, 3 months prior to separation, the CI reported continuous right hip pain.  Physical examination showed decreased right hip range of motion (ROM).

At the 12 April 2005 VA Compensation and Pension (C&P) evaluation, performed 2 months prior to separation, the CI reported mild to debilitating right hip pain with motion, constant popping and one incapacitating post-surgical episode lasting 14 days.  The CI reported difficulty walking, running, weight bearing, standing and driving.  He did not use an assistive device for ambulation.  Physical examination showed ROM with flexion to 125 degrees, extension to 30 degrees (normal 20), adduction of 25 degrees (normal 45), abduction of 45 degrees (normal 45), and internal rotation of 40 degrees.  The ROM was not additionally limited by pain, fatigue, weakness, lack of endurance or incoordination after repetitive use.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the right hip condition 10%, analogously coded 5299-5003 (degenerative arthritis).  The VA rated the right hip condition 0%, analogously coded 5299-5255 (femur, impairment) based on the VA C&P examination 2 months prior to separation, citing normal general appearance and full ROM without pain, fatigue, weakness, lack of endurance or incoordination after repetitive use.

The Board agreed there was no evidence of right hip ankyloses, limitation of extension to 5 degrees, limitation of flexion of 30 degrees, thigh limitation of rotation, or flail hip for a 20% or higher rating.  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 osteoarthritis of the right hip condition.

BOARD FINDINGS:  In the matter of the osteoarthritis of the right hip 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 20150612, with 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 21 Oct 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:

		- XXXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXXX, former USMC