RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-02518 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20050215

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Low Altitude Air Defense Gunner, medically separated for “right lateral hip pain” with a disability rating of 10%.

CI CONTENTION: “Titanium rod right femur. Walks with cane. Right leg longer than left must wear insert in shoe to compensate for length.”  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 - 20041123	VARD - 20050413	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Lateral Hip Pain…	5099-5255	10%	Status Post Open Reduction Internal Fixation (ORIF) of Right Femur Fracture	5255	10%	20040908	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 30%	

ANALYSIS SUMMARY:

Right Lateral Hip Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right hip condition began in January 2003 after right femur surgical nailing of a fracture sustained during a motorcycle accident. The 22 June 2004 MEB NARSUM examination, 8 months prior to separation, noted complaints of right hip “pain particularly with running.” Physical examination revealed right hip tenderness.  There was full hip range of motion (ROM).

At the 8 September 2004 VA Compensation and Pension (C&P) examination, 5 months before separation, the CI reported pain and limitation of motion. Physical examination revealed flexion to 90 degrees (normal 125), extension to 30 degrees (normal 20), and normal abduction. There was pain in all planes of motion. The 27 September 2004 MEB examination (recorded on DD Forms 2807-1 and 2808) revealed a right leg length discrepancy.

The panel directed attention to its rating recommendation based on the above evidence. The PEB  and  VA  both  rated  the  right  hip  condition  10%,  analogously  coded  as  5255     (femur

impairment). The VA based the rating on the C&P examination, citing objective evidence of painful motion and limited motion of the right hip in flexion. There was no evidence of moderate hip disability nor limitation of abduction, flexion to 30 degrees, or extension to 5 for a higher rating under those codes. 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 hip condition.

BOARD FINDINGS: In the matter of the right 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 20170311, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN   REPLY   REFER  TO,
1850
CORB: 003 20May20

From: 

Director, Secretary of the Navy Council of Review Boards 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW  (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr dtd 28 Oct 19

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy on 5 Mar 2020 for appropriate action.

2.	On 20 March 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation  Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.

Copy to: PDBR