RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX		CASE: PD-2017-02086 BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20081014

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Cable Systems Installer/Maintainer, medically separated for “arthritis, degenerative left hip” 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 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 - 20080818	VARD – 20090305	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Arthritis, Degenerative Left Hip	5003	10%	Chronic Left Hip Strain	5252-5024	10%	20081229	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Left Hip Arthritis. According to the service treatment record and MEB narrative summary (NARSUM), the CI first experienced left hip pain in April 2007 during a unit run. The pain waxed and waned for several months and then became persistent and worsened. An MRI in May 2008 revealed changes consistent with degeneration. During the 24 July 2008 MEB examination (recorded on DD Forms 2807-1 and 2808), 3 months prior to separation, the CI reported left hip pain and swelling, and tingling down the left leg. The examiner found “tenderness to external rotation” (painful motion) of the left hip. The 31 July 2008 MEB NARSUM examination, 2 months prior to separation, noted complaints of left hip pain that increased with activity. Physical examination showed a normal gait. Left hip range of motion (ROM) was flexion to 90 degrees (normal 125), extension to 15 degrees (normal 30) and abduction to 45 degrees (normal) with painful motion in all planes of motion.

At the 29 December 2008 VA Compensation and Pension (C&P) examination, 3 months after separation, the CI reported daily left hip pain with flare-ups, weakness, fatigue and lack of endurance.   Physical examination showed a slightly antalgic gait favoring the left hip.   Left   hip

ROM was painful with flexion of 130 degrees, extension of 30 degrees and abduction of 45 degrees.  X-rays showed degenerative changes of the left hip.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left hip condition 10%, coded 5003 (arthritis, degenerative), citing painful limited motion. The VA also rated the left hip condition 10%, analogously coded 5252-5024 (thigh, limitation of flexion-tenosynovitis) based on the C&P examination, citing painful or limited motion of a major joint. All examinations in evidence documented painful motion with functional loss supporting a 10% rating (based on §4.59, §4.40 and §4.45) as adjudicated by the PEB. The panel considered other VASRD hip and analogous codes, but all were less applicable and/or not advantageous for rating. There was therefore no higher rating than the 10% adjudicated by the PEB available under any applicable VASRD code. 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 hip condition.

BOARD FINDINGS: In the matter of the left hip 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 20170310, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

PD-2017-02086
AR, XXXXXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXX

	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

	PD-2017-02086