RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-02377
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20040219

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E5, Track Vehicle Repairer, medically separated for “left lower leg pain status post osteochondroma removal” with a disability rating of 0%.

CI CONTENTION:  The CI made no specific contention.  The complete submission is 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 - 20031114	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Lower Leg Pain	5099-5003	0%	No VA Exam in Evidence	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Left Lower Leg Pain.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI underwent a surgical removal of a benign tumor from his left leg on 24 September 2001.  Postoperatively, he developed chronic left leg pain at the surgical site that was aggravated by running and/or prolonged standing.  Radiographic studies in November 2002 did not reveal any evidence of stress fractures of the left lower leg.  Despite treatment, his painful condition did not sufficiently improve to allow unrestricted duty. 

At the 6 October 2003 MEB NARSUM examination, 4 months prior to separation, the CI complained of left lower leg pain.  His physical examination (PE) revealed tenderness about the left lower leg.  The sole comment in regard to range of motion (ROM) was that of the left knee which was documented as “good.”  There was no VA Compensation and Pension (C&P) examination in the casefile; therefore, the panel’s recommendation will be based upon the STR and MEB-driven documents.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left leg condition at 0%, coded 5099-5003 (analogous to degenerative arthritis), citing the US Army Physical Disability Agency (USAPDA) pain policy.  

Panel members first agreed that in the absence of limited motion, or that of documented arthritis in two or more joint or joint groups, an analogous coding approach was appropriate in categorizing the CI’s condition.  In consideration of an impairment rating, members additionally agreed that the absence of left lower extremity painful motion or instability or the presence of bony mal-union or non-union, there was no route to a higher rating than the 0% adjudicated by the PEB.  Therefore, 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 lower leg condition.  

BOARD FINDINGS:  In the matter of the left lower leg condition and IAW VASRD §4.71a, the panel   unanimously recommends no change to 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 20150714, w/atchs
Exhibit B.  Service Treatment Record

AR20170012620, XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX:

	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