RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXX	CASE: PD-2017-03279
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20090309

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

CI CONTENTION:  Review all conditions. 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 - 20081117	VARD - 20090501	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Hip Pain	5099-5003	10%	Status Post Arthroscopic Surgery for Labral Tear of the Right Hip	5299-5252	20%	20081104	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Chronic Right Hip Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent right hip arthroscopic surgery on 27 August 2007 for debridement of a labral tear and osteochondroplasty for femoral acetabular impingement condition. There was some improvement but after 4 to 5 months the CI reported hip pain limiting his ability to run. He was able to walk long distances and perform non-impact loading activities. An MRI in March 2008 showed post-operative changes and findings suggestive of a superior anterior labral tear.  However, the CI did not desire any further surgery.

The 16 September 2008 MEB NARSUM examination, 6 months prior to separation, noted complaints of right hip pain. Physical examination showed a normal gait and there was normal muscle tone and bulk bilaterally. Right hip range of motion (ROM) testing showed flexion of 95 degrees (normal 125), external rotation was 40 degrees (normal 60), and internal rotation was 20 degrees (normal 40) with significant voluntary guarding and pain at the extremes of flexion and internal rotation.

At the 4 November 2008 VA Compensation and Pension (C&P) examination, 4 months prior to separation, the CI reported constant right hip pain, stiffness and weakness, with daily flare-ups that caused limping. He denied swelling or instability, and did not use a cane or crutch for ambulation. He reported his walking was limited to two to three blocks and he had difficulty with prolonged standing, stairs, inclines and weight bearing. Physical examination showed hip flexion of 30 degrees, extension of 25 degrees (normal 30), adduction of 20 degrees, abduction of 35 degrees (normal 45), external rotation of 20 degrees and internal rotation of 15 degrees. There was pain in all planes of motion, but no additional loss of motion after repetition.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right hip condition 10%, analogously coded 5099-5003 (degenerative arthritis). The VA rated the right hip condition 20%, analogously coded 5299-5252 (limitation of flexion of thigh), based on the C&P examination, citing moderate to severe functional limitations of the hip and flexion of the thigh limited to 30 degrees.

Panel members agreed that a 20% rating was supported for flexion limited to 30 degrees as noted on the pre-separation VA examination, which was the closest examination to separation. The panel considered other hip and analogous ratings, but all were less applicable and/or not advantageous to rating. There was therefore no higher rating than 20% supported under any applicable code. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 20% for the right hip condition, coded 5252.

BOARD FINDINGS: In the matter of the right hip condition, the panel recommends a disability rating of 20%, coded 5252 IAW VASRD §4.71a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Chronic Right Hip Pain	5252	20%	

The following documentary evidence was considered:

2	PD-2017-03279

	
IN REPLY REFER TO

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

									                             1850
									                             CORB:003
                                                                                                                                                                            9 Jun 20 

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 of 1 Nov 19

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

2.  On 4 June 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) took action in your case by accepting the recommendation of the PDBR.  Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Department of the Navy Physical Evaluation Board (PEB) from 10% to 20% without re-characterization of your discharge. 

3.  For your information, since all disability ratings from 0% to 20% qualify for disability severance pay, the above stated increase will not result in your entitlement to additional compensation. 

4.  The Assistant Secretary’s determination, which represents final action in your case by the Department of the Navy, has been forwarded to the Navy Personnel Command for appropriate changes to your personnel records and notification to you upon completion.