RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX 	CASE:  PD-2017-01715
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080727

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E-6, Test Measurement and Diagnostic Equipment Maintenance Support Specialist, medically separated for “chronic bilateral plantar fasciitis,” 10% each foot, with a combined disability rating of 20%.    

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 - 20080410	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Bilateral Plantar Fasciitis	5310	10%	No VA Examination Proximate to Separation in Evidence	
	5310	10%		
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Chronic Bilateral Plantar Fasciitis. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent a plantar fasciotomy on the left foot in November 2006, followed by similar surgery on the right foot in January 2007.  During the 29 January 2008 MEB examination (recorded on DD Forms 2807-1 and 2808), 12 months post-surgery and 6 months prior to separation, the CI reported ongoing pain in both feet.  Physical examination, which was the same as recorded in the 14 February 2008 MEB NARSUM examination, noted complaints of daily foot pain, left greater than right, localized to the arch. The CI was not using orthotics or pain medication.  Physical examination showed normal strength in the feet and toes with brisk capillary refill.  There was tenderness medially at both arches to the heel bilaterally.  He had intact sensation and normal range of motion (ROM) in his toes and on the subtalar, mid-tarsal, and metatarsophalangeal joints.  There was no swelling or ankle instability.  Calluses were noted on the great toes, the fifth toe, and on the heels. 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 initially found the CI fit for duty; however, upon reconsideration then rated the chronic bilateral plantar fasciitis 20%, (10% for each foot) analogously coded 5399-5310 (schedule for rating muscle injury; Group X), citing VASRD §4.59 (painful motion), as the minimal compensable rating for each foot, given painful motion despite relative ROM preservation.  

The panel first considered the evidence for the 10% rating of the left foot and agreed the 10% rating was justified for painful motion with functional loss.  The NARSUM indicated normal reflexes, motor strength, and ROM, and no muscle atrophy or loss of sensation.  The panel concluded there were no applicable VASRD codes that would result in a higher rating.  Panel members next considered the right foot and concluded that, based on the NARSUM examination findings, there was no evidence to support a rating higher than the 10% 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 bilateral plantar fasciitis condition.    

BOARD FINDINGS:  In the matter of the chronic bilateral plantar fasciitis without neurologic abnormality 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.  

AR20190007852, 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.