MEMORANDUM FOR THE DIRECTOR, ARMY REVIEW BOARDS AGENCY

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2017-02252

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual from the United States Army. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The covered individual (CI) was an active duty E4, Armor Crewman, medically separated for “chronic left ankle pain status post (S/P) Brostrom procedure” with a disability rating of 10%. The PEB rated the left ankle condition 10%, analogously coded 5099-5003 (degenerative arthritis), citing the “slight, frequent” criterion of the US Army Physical Disability Agency pain policy. The VA also rated the condition 10%, but coded 5271-5010 (limitation of ankle motion rated as traumatic arthritis), based on the Compensation and Pension examination, citing painful motion.   There was no “marked” ROM limitation, ankylosis, nonunion, malunion, or other ratable criterion in evidence that would support a rating higher than 10% under any applicable ankle joint code available in VASRD §4.71a. Also, although functional impairment under code 5299-5262 (analogous to tibia and fibula, impairment of) for contiguous ankle disability was considered, a higher rating was not justified (normal gait and routine activities unaffected). 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.

Sincerely,
Attachments:
Exhibit A. DD Form 294, dated 20170228, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

AR20200003936

Dear XXXXXXXXXXXXXXXXXXX:

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

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