RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX	CASE: PD-2015-02339
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20021219

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Petroleum Supply Specialist, medically separated for “chronic abductor tendonitis right hip” with a disability rating of 0%.

CI CONTENTION:  The CI requested consideration of the right hip and for other conditions not identified by either the MEB or PEB. 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 - 20021115		VARD - 20030530	
Condition	Code	Rating		Condition	Code	Rating	Exam	
Chronic Abductor Tendonitis Right Hip…	5024	0%		Chronic Abductor Tendonitis Right Hip…	5251-5024	0%	STR	
COMBINED RATING: 0%		COMBINED RATING OF ALL VA CONDITIONS: 0%	

ANALYSIS SUMMARY:

Chronic Abductor Tendonitis Right Hip. According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s chronic right hip abductor tendonitis condition began in April 1999 with no specific trauma. The MEB forwarded “chronic abductor tendonitis right hip” for PEB adjudication. At the 30 September 2002 MEB examination (recorded on DD Forms 2807-1 and 2808), 2 months prior to separation, the CI reported pain in the right hip, leg and back. Physical examination showed tenderness on the right anterior hip and pain on abduction (of the right leg).

The 30 September 2002 MEB NARSUM examination, 2 months  prior to separation, noted complaints of right hip pain. Physical examination showed tenderness on the right anterior hip and pain on abduction of the right hip. Range of motion was flexion of 120 degrees (normal 125) adduction of 25 degrees and normal external rotation and abduction of 45 degrees. 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 chronic right hip abductor tendonitis condition 0%, coded 5024 (tenosynovitis), citing normal range of motion. The VA also rated the chronic right hip abductor tendonitis condition 0% dual coded 5251-5024 (limitation of extension of thigh and tenosynovitis), citing a noncompensable evaluation since there was no evidence showing the current disability (the CI failed to report for his scheduled examination). There was no compensable limitation of hip motion under codes 5250 thru 5253 for the right hip. However, the NARSUM and  MEB examinations documented painful motion on abduction. The panel adjudged that there was sufficient evidence of painful motion causing functional loss (based on §4.59, §4.40 and §4.45), and that the right hip tendonitis condition therefore warranted a 10% rating coded 5024. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the right hip abductor tendonitis condition, coded 5024.

BOARD FINDINGS: In the matter of the right hip abductor tendonitis condition, the panel unanimously recommends a disability rating of 10%, coded 5024 IAW VASRD §4.71a. 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 panel recommends that the CI’s prior determination be modified as follows, effective as of the date of the prior medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Chronic Abductor Tendonitis Right Hip	5024	10%	

The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20150602, w/atchs Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record

AR20170012492, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed) and I accept its recommendation.  This will not result in any change to your separation document or the amount of severance pay.  A copy of this decision will be filed with your Physical Evaluation Board records.  I regret that the facts of the case did not provide you with the outcome you may have desired.
  
	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. 

	A copy of this decision has also been provided to the Department of Veterans Affairs.

Sincerely,