RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXX  	CASE:  PD-2017-03006
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20061218

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Food Service Specialist, medically separated for “chronic right foot pain” with a disability rating of 10%.  

CI CONTENTION:  “I still live with pain in my feet (plantar fasciitis).  Every day I have foot pain.  Tingle, numbness and pain in arches all over foot pain.  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 - 20061024	VARD - 20070807	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Foot Pain	5399-5310	10%	Plantar Fasciitis, Right Foot	5299-5276	0%	20070531	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Chronic Right Foot Pain.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s right foot pain began in May 2005 without history of trauma or inciting event.  Podiatry diagnosed right plantar fasciitis and did not recommend surgery.  Despite multiple parameters of conservative treatment, the CI’s right foot pain remained.  A podiatry encounter on 12 June 2006, 6 months prior to separation, revealed bilateral feet as “normal” and not-painful.  The 3 August 2006 MEB NARSUM examination, 4 months prior to separation, noted complaints of painful feet with prolonged standing.  Her physical examination (PE) revealed tenderness about the bottom aspect of her right foot.  Right ankle range of motion (ROM) was full and not painful.  

At the 31 May 2007 VA Compensation and Pension (C&P) examination, 5 months after separation, the CI reported improved symptoms, but still had right foot pain when standing for a prolonged period of time.  The CI denied any associated weakness, swelling, stiffness or redness of the ankle or foot.  Her PE revealed normal and non-painful ROM of the right ankle and foot without evidence of local edema, weakness, tenderness, or joint instability.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB and VA chose different primary coding options for the right foot condition IAW §4.73 and §4.71a, respectively.  The PEB rated the right foot condition 10%, analogously coded 5310 (Group X; muscle function), citing localized tenderness.  The VA rated the right foot condition 0%, analogously coded 5276 (flatfoot [pes planus]; acquired), based on the evidence of “mild” symptoms being relieved by built-up shoe or arch support.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), panel members concluded that the sole abnormal finding of plantar tenderness in both pre- and post-separation examinations would not (under alternate rating schemes) support any rating greater than the PEB’s current 10%.  Therefore, the panel recommends no change in the PEB adjudication for the right foot condition.  

BOARD FINDINGS:  In the matter of the right foot condition and IAW VASRD §4.73, 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  

PD-2017-03006

AR20190009911, XXXXXXXXXXXXXXX 

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.

	

PD-2017-03006