RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01888
BRANCH OF SERVICE:  Navy 	SEPARATION DATE:  20080901

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Fire Controlman, medically separated for “right hip and groin pain,” with a disability rating of 10%.

CI CONTENTION:   The CI contends that her condition was never corrected and continues to bother her.  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 - 20080429	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip & Groin Pain	5299-5003	10%	No VA Examination in Evidence	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

Right Hip & Groin Pain.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI underwent right hip surgery in July 2007 to repair a labral tear (the labrum is the cartilage surrounding the ring of the socket on the ball & socket joint).  

The 15 February 2008 MEB NARSUM examination, 7 months prior to separation, noted complaints of right hip pain.  Restrictions included no shipboard duty, field duty or deployments.  Physical examination showed a normal gait and stance.   The right hip showed healed surgical scars with no redness or swelling, with mild tenderness of the hip and groin with no palpable masses.  Range of motion (ROM) was recorded as full (normal is flexion to 125 degrees, extension to 20, external rotation to 45, abduction 0-45, and adduction to 45) with pain at the extremes of motion and resisted motion.  Testing for hip pathology (Stinchfield maneuver) was positive but there was no evidence of hip impingement.  Sensation was intact with 5/5 strength bilaterally.    There was no Compensation and Pension (C&P) exam in evidence.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right hip and groin pain condition 0%, coded 5299-5003 (degenerative arthritis.)  Using the information in the treatment record, the panel determined that the CI’s right hip was essentially non compensable based on the VASRD §4.71a codes for loss of hip/thigh motion (5250 through 5253).  However; according to IAW VASRD §4.40, §4.45, and §4.59, a 10% rating is warranted when there is satisfactory evidence of functional limitation due to painful motion of a major joint, as reported at the NARSUM examination.  The panel examined paths for a higher rating for the right hip, but there was not sufficient evidence of a significantly disabling hip condition to justify a rating greater than 10%.  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 right hip and groin pain.  

BOARD FINDINGS:  The panel, therefore, unanimously recommends that there be no re-characterization of the CI’s disability and separation determination.  There were no other conditions within the panel’s scope of review for consideration.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150604, w/atchs
Exhibit B.  Service 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

      In accordance with reference (a), I have reviewed the cases listed below and 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 USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN

	
						  XXXXXXXXXXXXXXXXXX

	     				  Acting