RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01783
BRANCH OF SERVICE:  Army	SEPARATION DATE:  20020417

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E6, Infantryman, medically separated for “chronic left heel pain status post calcaneal exostectomy,” with a disability rating of 10%.

CI CONTENTION:  “Review all conditions.”  The complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’s scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned 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 or non-compensable.  Any conditions outside the panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determination 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(s) at the time of separation.  The panel 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 panel 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 - 20020125	VARD - 20020426	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Left Heel Pain	5099-5003	10%	Chronic Left Heel Pain	5299-5284	10%	20020708	
			Scars, Left Heel	7805	0%		
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  20%	

ANALYSIS SUMMARY:

Left Heel.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s left heel pain condition began in 1995 after irritating the heel during training.  The CI underwent two calcaneal exostectomy (surgical removal of extra bony build-up about the heel) procedures in December 1996 and December 1997.

At the 5 December 2001 MEB NARSUM examination, 4 months before separation, the CI’s reported left heel and Achilles’ tendon pain.  Physical examination revealed tenderness about all aspects of the left heel encompassing the insertion of the Achilles’ tendon.  His pain assessment was noted as “slight” and “frequent”.  Gait description and or range of motion (ROM) of adjacent joints were not addressed.  At the 8 July 2002 VA Compensation and Pension (C&P) evaluation, performed 3 months after separation, the CI reported heel pain with any activities that required running, which did not interfere with his job.  Physical examination revealed normal left ankle ROM with pain.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left heel condition 10%, analogously coded 5099-5003 (degenerative arthritis), citing the US Army Physical Disability Agency pain policy.  The VA also rated the left heel condition 10%, analogously coded 5299-5284 (foot injuries, other), based on the C&P examination 3 months after separation, citing painful motion.  The panel considered alternative-analogous ankle codes, but there was no limitation of motion, ankylosis, nonunion or malunion, an injury of moderate severity or other VASRD §4.71a applicable code to support a rating greater than 10% as adjudicated by the PEB.  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’s adjudication for the left heel condition.

BOARD FINDINGS:  In the matter of the chronic left heel pain condition and IAW VASRD §4.71a, the panel unanimously recommends no change in the PEB adjudication.  There were no other conditions within the panel’s scope of review for consideration.  The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150630, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170008926, XXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXXXX:

	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