RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2016-01566
BRANCH OF SERVICE:  Navy	SEPARATION DATE:  20050207

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E-4, Electrician’s Mate, medically separated for “chronic right ankle pain” with a disability rating of 10%.

CI CONTENTION:  No specific contention was made.  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 - 20041005	VARD - 20051001	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Ankle Pain	5399-5003 [sic]	10%	Right Ankle Instability	5271	10%	20041217	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Chronic Right Ankle Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI had longstanding right ankle pain which began after rolling the ankle.  He underwent surgical repair in December 2002 and revision in December 2003.  Despite medications and rehabilitation in physical therapy, he was not able to return to full duty. 

The 15 April 2004 MEB NARSUM examination, 10 months prior to separation, noted complaints of significant right ankle pain.  Physical examination showed a mildly antalgic gait, moderate ankle tenderness and slight swelling, but no redness or warmth.  Anterior drawer testing for instability was positive, but talar tilt testing for lateral ligament injury was negative.  Right ankle range of motion (ROM) was “full” and painful motion was not addressed.  The 7 July 2004 MEB orthopedic addendum, 7 months before separation, noted the CI did have ligamentous instability which was not amendable to surgical intervention.  Bracing and awareness were recommended.

At the 17 December 2004 VA Compensation and Pension (C&P) examination, 2 months prior to separation, the CI reported his ankle would “roll inward.”  Physical examination showed right ankle tenderness, but gait, right ankle ROM and painful motion were not addressed.  A physical therapy examination on 5 February 2005, 2 days prior to separation, noted normal right ankle strength.  The ROM was recorded as “equal to the left side,” but not quantified.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right ankle condition 10%, coded 5003 (analogous to arthritis, degenerative).  The VA also rated the right ankle condition 10%, coded 5271 (ankle, limited motion), based on C&P examination, citing moderate limitation of motion.  Members agreed there was no limitation of motion, ankle impairment due to malunion, or other evidence to support a rating higher than the 10% rating 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 ankle condition.

BOARD FINDINGS:  In the matter of the chronic right ankle pain condition 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.

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20161020, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record 

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:

		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC

							XXXXXXXXXXXXXXXXXX
	     				                        Assistant General Counsel
						        (Manpower and Reserve Affairs)