RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXX	CASE:  PD-2015-02172
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090224

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Fire Control Repairer, medically separated for “bilateral congenital pes planus” with a disability rating of 10%.

CI CONTENTION:  “My transition out of the US Army was against my will, which took a tremendous and stressful toll on me mentally and physically over the years.”  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 - 20081113	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Congenital Pes Planus	5299-5276	10%	No VA Exam in Evidence	
Bilateral Patellofemoral Syndrome	Not Unfitting		
Depressed Mood			
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Bilateral Congenital Pes Planus.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s bilateral congenital pes planus condition was asymptomatic prior to his induction into the military.  However, later the condition resulted in pain with high impact activity (running, jumping, lifting, carrying, climbing, marching or prolonged standing).  No trauma or injury was reported.  

The 22 April 2008 MEB NARSUM examination, 10 months prior to separation, noted complaints of pain brought on by high impact activity such as running, jumping, lifting, carrying, climbing, marching over rough and irregular terrain and especially prolonged standing.  The CI reported that his gait had been altered due to the severity of his foot pain, which has also caused soreness in both knees.  Resting his feet was the only relief from the pain and discomfort.  Physical examination showed severe bilateral flat feet and normal ambulation.  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 bilateral congenital pes planus condition 10%, coded 5299-5276 [flatfoot, acquired: (pes planus)], citing the condition was acquired and asymptomatic prior to service, with the symptoms beginning in basic training; then treated with orthotics, recurring and causing an inability to tolerate prolonged weight bearing activities.  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 bilateral pes planus condition.  

Contended PEB Conditions:  Bilateral Patellofemoral Syndrome and Depressed Mood.  The panel’s main charge is to assess the fairness of the PEB’s determination that the bilateral patellofemoral syndrome and depressed mood conditions were not unfitting.  The contended conditions were not implicated in the commander’s statement.  The bilateral patellofemoral syndrome was profiled and judged to fail retention standards.  The panel noted that the CI developed knee pain with swelling and stiffness in April 2004; however, the evidence did not support that the knee pain or depressed mood (which was not profiled or judged to fail retention standards) impacted the CI’s ability to perform the duties of his MOS.  After due deliberation, the panel concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the bilateral patellofemoral syndrome and depressed mood conditions and so no additional disability rating is recommended.  

BOARD FINDINGS:  In the matter of the bilateral congenital pes planus condition and IAW VASRD §4.71a, the panel unanimously recommends no change in the PEB adjudication.  In the matter of the contended bilateral patellofemoral syndrome and depressed mood conditions the panel unanimously 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 modification or re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150810, w/atchs
Exhibit B.  Service Treatment Record

AR20170010116  , XXXXXXXXXXXXXXXXXX 

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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,