RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01769
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20070407

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Indirect Fire Infantryman, medically separated for “left leg anterior compartment syndrome; without neurologic deficit” with a disability rating of 0%.

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 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 - 20070321	VARD - 20070821	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Leg Anterior Compartment Syndrome	5399-5312	0%	Left Leg Exercise Induced Compartment Syndrome	5299-5262	NSC	20070806	
Mixed Conductive and Sensorineural Hearing Loss	Not unfitting	No VA Placement		
Myopia	Not unfitting			
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  NSC	

ANALYSIS SUMMARY:  

Left Leg Anterior Compartment Syndrome.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s left leg anterior compartment syndrome condition began in May 2006 after running.  At the MEB examination (recorded on DD Forms 2807 and 2808) dated February 2007, 1 month prior to separation, the CI reported he had occasional mild pain in his legs and ankles and popping of joints.  He took no medications. 

During the 23 February 2007MEB NARSUM examination, 1 month prior to separation, the CI complained of leg pain.  His pain occurred during activity.  He was unable to walk more than 100 yards before pain started.  He did not have pain at rest.  X-rays were suspicious for stress fracture and bone scan in August 2006 ruled out stress fractures.  In September 2006 compartmental pressure tests confirmed the diagnosis of exercise induced compartment syndrome.  The examiner directed attention to the MEB H&P which did not report any physical findings in the lower extremity, and the PT ROM recorded 2 months prior to separation, which showed left lower extremity ROM within the normal range and pain with dorsiflexion.
 
At the 6 August 2007 VA Compensation and Pension (C&P) evaluation, performed 4 months after separation, the CI reported his condition had improved.  He denied pain but noted that he experienced a popping sound and sensation daily.  He denied flare-ups, and he was able to walk for 1.5 miles and stand for 2 hours.  

Physical examination showed normal gait, normal neurological and motor examinations, and normal examination of the left lower extremity.  The CI began working full-time, 1 month after separation, and his condition had no effect on his occupational functioning nor on daily activities.  The examiner diagnosed left leg compartment syndrome-resolved.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left leg anterior compartment syndrome condition 0%, coded 5399-5312 (the foot and leg muscle injuries; group XII), for slight muscle impairment, citing no neurologic deficit.  The VA did not service connect the left leg anterior compartment syndrome condition.  The higher rating of 10% required evidence of moderate muscle disability.  The CI reported occasional mild pain, and although he was unable to perform strenuous activities, his ROM of all lower extremity joints were normal and radiographic evidence of significant pathology was absent.  At the time of the VA examination, 4 months after separation, the CI had been working full-time for 3 months, and reported absence of left lower extremity symptoms.  His condition had resolved.  Therefore, panel members agreed, the 10% rating was not justified.

The panel also noted the condition was not compensable IAW§ 4.59, § 4.40 or §4.45 since evidence of joint pathology was absent, and muscle weakness or damage leading to functional loss was not present.  There was no path to a higher rating under any applicable code.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication for the left leg anterior compartment syndrome condition.  

Contended Conditions: Mixed conductive and sensorineural hearing loss, myopia.  The panel’s main charge is to assess the fairness of the PEB’s determination that the contended conditions were not unfitting.  The contended conditions were not profiled or implicated in the commander’s statement or judged to fail retention standards.  There was no performance-based evidence from the record that the conditions significantly interfered with satisfactory duty performance at separation.  After due deliberation, the panel concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended conditions and so no additional disability rating is recommended.  

BOARD FINDINGS:  In the matter of the left leg anterior compartment syndrome condition and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication.  In the matter of the contended mixed conductive and sensorineural hearing loss, and myopia conditions, the panel recommends no change from the PEB determinations as not unfitting.  There are no other conditions within the panel’s scope of review for consideration.  The panel, 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 20150629, with attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170008868, 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,					      
						      					
Enclosure