RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-01502
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080430

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Military Police, medically separated for “limited motion of left ankle” with a disability rating of 20%.  

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 - 20080305	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Limited Motion of Left Ankle	5271	20%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  NA 	

ANALYSIS SUMMARY:  

Limited Motion of Left Ankle.  According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent surgical repair of his left Achilles tendon rupture in June 2000.  He recovered well and returned to full duty.  In April 2003 he re-injured the left Achilles while running on uneven surfaces, without rupturing it.  In October 2007 he was noted to have chronic left Achilles pain since the 2003 injury.  The orthopedic surgeon felt there were no good surgical options.  

The 4 January 2008 MEB NARSUM examination, 4 months prior to separation, noted complaints of throbbing pain with occasional sharp pain in the left Achilles tendon.  He complained of a constant limp and swelling of his ankle and Achilles.  Physical examination showed a “slight antalgic gait,” left ankle range of motion (ROM) limited by pain, dorsiflexion to 5 degrees (normal 20), and plantar flexion to 55 degrees (normal 45).  The left Achilles tendon was tender and the CI was unable to toe and heel walk on the left foot.  There was no VA examination proximate to separation in evidence.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left ankle condition 20%, coded 5271 (ankle, limited motion of), citing dorsiflexion to 6 degrees and additional functional loss.  The panel noted that the PEB adjudicated the maximum rating under code 5271.  There was no evidence of ankylosis of the ankle to justify a higher rating using code 5270, and no other ankle codes were advantageous to the CI.  There was no VASRD §4.71a higher rating option than the one provided 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 left ankle condition.  

BOARD FINDINGS:  In the matter of the left ankle 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 20170224, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record 

AR20180007940, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX

	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