RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2016-00173
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060525

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E2, Trainee, medically separated for “chronic left leg pain status post left tibial stress fracture,” with a disability rating of 10%.  

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 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 - 20060421	VARD - 20060830	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Left Leg Pain Status Post Left Tibial Stress Fracture	5099-5003	10%	Left Tibial Stress Fracture	5099-5010	10%	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Chronic Left Leg Pain Status Post Left Tibial Stress Fracture.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s left leg condition began in during Basic Training after physical training.  X-rays and a bone scan showed a left mid tibial stress fracture.    

The 20 March 2006 MEB NARSUM examination, 2 months prior to separation, the CI reported his (left) leg hurt with increased pain during prolonged walking or use of stairs.  The CI was unable to run.  Physical examination showed a normal gait.  The left tibia was moderately tender without palpable abnormalities.  There were no neurovascular changes.  Repeat diagnostic imaging showed persistent stress reaction of the left mid tibia with some healing (callus formation).  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 left leg condition 10%, coded 5099-5003 (degenerative arthritis), citing “rated as slight/constant” with likely application of the US Army Physical Disability Agency pain policy.  The VA also rated the left leg condition 10%, coded 5099-5010 (arthritis, due to trauma), based on the STR, citing painful or limited motion of the leg.  There was no evidence of limitation of motion, or painful motion, of the left knee or ankle (5260, 5261, or 5271).  There was no evidence of malunion of the tibia, and no evidence of greater than slight knee or ankle disability (5262-tibia and fibula, impairment) for any rating higher than that awarded by the PEB.  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 left leg condition.  

BOARD FINDINGS:  In the matter of the left leg condition and IAW VASRD §4.71a, the panel unanimously recommends no change in the PEB adjudication.  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 20160331, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170014097, 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