RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXX	CASE:  PD-2016-00865
BRANCH OF SERVICE:  Marine Corps	SEPARATION DATE:  20040831

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E5, Rifleman, medically separated for “persistent right hip pain, status post arthroscopic debridement of labral tear” with a disability rating of 10%.  

CI CONTENTION:  Review all conditions.  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 Medical Evaluation Board (MEB), but determined by the PEB 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.  The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate.  The panel’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for 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, which operates 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 disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20040715	VARD - 20050516	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip Pain…	5099-5003	10%	Labral Tear Right Hip	5299-5251	10%	20050226	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Right Hip Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right hip condition began in October of 2001 when he was helping another Marine ascend a hill.  He felt a sharp pop in the anterior groin area of his right hip and had severe pain, with subsequent chronic pain and intermittent clicking and popping.  He underwent right hip arthroscopy and debridement of a torn labrum in November 2003.  

The 18 March 2004 MEB NARSUM examination, 5 months before separation, noted CI complaints of right hip pain with prolonged walking or running.  Physical examination showed a non-antalgic gait with the ability to deep knee bend and duck walk without difficulty.  Range of motion (ROM) tests revealed flexion to 125 degrees (normal), extension to 30 degrees (normal), abduction to 30 degrees (normal 45), and adduction to 25 degrees (normal); painful motion was present.  

At the 26 February 2005 VA Compensation and Pension (C&P) examination, 6 months after separation, the CI reported right hip pain with prolonged sitting or activities.  Physical examination showed a normal gait.  Measured ROM showed flexion to 128 degrees, extension to 28 degrees, abduction to 44 degrees, and adduction to 32 degrees.  Painful motion was noted during testing and with right-sided leg maneuvers.  Strength was normal and symmetric.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right hip condition 10%, analogously coded as 5003 (degenerative arthritis).  The VA also rated the right hip condition 10%, analogously coded as 5251 (thigh, limitation of extension), based on the C&P examination, citing painful motion.  Members agreed there was sufficient evidence of painful motion causing functional loss (based on §4.59, §4.40 and §4.45), from both the NARSUM and C&P examinations to support the right hip 10% rating.  There was no compensable limitation of hip motion under codes 5250 thru 5253, or fracture or malunion of the femur or pelvis, to support any higher rating than that adjudicated by the PEB.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the right hip condition.  

BOARD FINDINGS:  In the matter of the right hip pain and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  Therefore, the panel recommends no modification or re-characterization of the CI’s disability and separation determination.  

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS

Subj:	PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS Ref: (a) DoDI 6040.44
In accordance with reference (a), I have reviewed the cases listed below and approve the recommendations of the PDBR that the following individual's records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy's Physical Evaluation Board: