RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01961
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20070914

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an National Guard E2, Basic Trainee, medically separated for “stress fracture right inferior ramus” with a disability rating of 0%.

CI CONTENTION:  The CI made no specific contention.  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 progression or complications of service-connected conditions after separation.  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 - 20070718	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Stress Fracture Right Inferior Ramus	5099-5003	0%	No VA Examination in Evidence	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Stress Fracture Right Inferior Ramus.  According to service treatment record and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI was in Basic Training when she felt a “pulling” sensation in the right pelvic area, diagnosed as stress fracture in March 2004.  Her condition was treated conservatively and there was some improvement in the intensity of her pain.  Magnetic resonance imaging of the right hip in April 2006 was interpreted as “normal.”  Despite treatment, the condition did not improve sufficiently enough to allow for unrestricted duty.  

The 18 June 2007 MEB NARSUM examination, 3 months prior to separation, noted complaints of pain following high impact activities such as running, jumping, climbing, lifting and carrying.  Assuming the upright position from a crouched position is particularly painful.  Physical examination was unremarkable.  She had no pain with twisting of the hips in all planes.  There was no VA examination in evidence proximate to separation. 

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the stress fracture right inferior ramus condition 0%, analogously coded (arthritis, degenerative), citing the US Army Physical Disability Agency pain policy, as minimal/intermittent.  There was no limitation of hip or thigh motion to support a minimum rating under 5251, 5252, or 5253, and no impairment of the femur or fracture of the femoral neck (5255).   Evidence of painful motion was not present at the NARSUM.  There was no route to a compensable rating under any VASRD 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 right hip condition.  

BOARD FINDINGS:  In the matter of the stress fracture right inferior ramus condition and IAW VASRD §4.71a, the panel 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 20150623, w/attachments
Exhibit B.  Service Treatment Record

AR20170010010, 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,