RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXX	CASE: PD-2017-03469
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20081118

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Electronics Technician, medically separated for “recurrent right ankle instability functional secondary to chronic peroneal weakness” with a disability rating of 10%.

CI CONTENTION: Review requested of the right ankle condition as well as additional conditions (left ankle and both knees) not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). 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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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 - 20080728	VARD - 20081124	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Recurrent Right Ankle
Instability…	5299-5003	10%	Status Post Arthrotomy, Right Ankle	5271	0%	20080930	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Recurrent Right Ankle Instability. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI underwent two right ankle surgeries: a modified Brostrom in April 2007 to address instability, peroneal tendon pain, and gastrocnemius equinus (limited ankle dorsiflexion due to Achilles tendon or calf muscles tightness); and a revision surgery in January 2008 due to instability and a peroneal tendon tear. The 18 June 2008 MEB NARSUM examination, 5 months before separation, noted complaints of right ankle instability. Physical examination showed decreased right ankle peroneal tendon strength of 4/5 with normal sensation. Bilateral ankle range of motion (ROM) was “equal” but not quantified.

At the 30 September 2008 VA Compensation and Pension (C&P) examination, 2 months prior to separation, the CI reported right ankle instability, constant stiffness, weakness and pain. Physical examination showed a normal gait. Right ankle dorsiflexion was to 20 degrees (normal) and

plantar flexion was to 45 degrees (normal). Painful motion was not noted and there was no ROM loss following repetitive motion. Lower extremity motor and sensory testing was grossly normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right ankle condition 10%, analogously coded “5299-5003” (degenerative arthritis). The VA rated the right ankle condition 0%, coded 5271 (ankle, limitation of motion), based on the C&P examination, citing a non-compensable examination. Panel members agreed there was no STR or VA evidence of ankle limitation of motion to support a higher rating than the 10% adjudicated by the PEB. There was also no ankylosis (5270), or nonunion or malunion (5262) to support a higher rating, and although a rating under code 5284 (other foot injuries) was considered, the panel agreed that CI’s impairment did not approximate “moderately severe” to support a 20% rating. 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.

2	PD-2017-03469

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

IN REFLY REFER TO:
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To: XXXXXXXXXXX

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 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.