RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXX	CASE:  PD-2017-02165
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060509

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E2, Basic Trainee, medically separated for “right ankle pain” with a disability rating of 10%.  

CI CONTENTION:  Right ankle condition has not improved and swells with any type of prolonged activity.  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 - 20060425	VARD - 20061213	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Ankle Pain	5271	10%	Residuals, Right Ankle Fracture	5271	10%	20060728	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Right Ankle Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI fractured his right ankle during basic training and subsequently underwent surgical fixation of the same in October 2006.  The 13 March 2006 MEB NARSUM examination, 2 months prior to separation, the CI endorsed right ankle pain aggravated by activity.  The physical examination (PE) revealed joint line tenderness across the right ankle.  The right ankle range of motion (ROM) study showed 10 degrees of pain limited dorsiflexion (normal 20) and normal plantar flexion.  

At the 28 July 2006 VA Compensation and Pension (C&P) examination, 2 months after separation, the CI reported right ankle pain with morning stiffness.   The PE revealed no joint deformity, angulation, false movement, swelling, effusion, edema, erythema, or shortening, but right ankle tenderness was present.  Right ankle ROM testing showed dorsiflexion of 10 degrees and plantar flexion of 35 degrees (normal 45), with pain.  

The panel directed attention to its rating recommendation based on the above evidence.  Both the PEB and VA rated the right ankle condition 10%, coded 5271 (ankle, limited motion), citing moderate limited motion of the ankle.  Panel members agreed that the level of impairment was no greater than moderate.  A higher rating of 20% was not indicated in the absence of “marked” limited motion of the ankle.  The panel considered rating under code 5284 (foot injuries), but the condition under such a coding scheme would rate no greater than the PEB’s current 10%.  Therefore, 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 right 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 20170308, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record 
	PD-2017-02165

AR20200000616, XXXXXXXXXXXXXXXXX 

Dear XXXXXXXXXXXXXXX

	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-2017-02165