RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-03538
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20050619

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Combat Engineer, medically separated for “chronic left ankle 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’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 - 20050505	VARD - 20051130	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Left Ankle Pain 	5271	10%	Left Ankle Sprain	7805-5271	0%	20050816	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10% 	

ANALYSIS SUMMARY:  

Chronic Left Ankle Pain.  According to the service treatment record (STR) and the MEB narrative summary (NARSUM), the CI underwent left ankle surgery in May 2004 for lateral instability.  After the operation, his ankle stability improved but his ankle pain did not.  There was no further surgical indication.  The 23 March 2005 MEB NARSUM examination, 3 months prior to separation, noted complaints of continued left ankle pain.  Physical examination showed dorsiflexion to 10 degrees (normal 20) and plantar flexion to 40 degrees (normal 45) with tenderness over the anterolateral aspect, but no mention of painful motion.  

At the 16 August 2005 VA Compensation and Pension (C&P) evaluation, 2 months after separation, the CI reported chronic left ankle pain.  Physical examination showed normal gait, full range of motion without pain; X-rays revealed no evidence of degenerative changes.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left ankle condition 10%, coded 5271 (ankle, limitation of motion), citing, slight limitation of motion when compared to the right.  The VA rated the left ankle condition 0%, analogously coded 7805-5271 (scars causing ankle limitation of motion), based on the STR and C&P examination, citing no limitation of motion and no active pathology.  

The panel agreed the limitation of dorsiflexion or plantar flexion supported no more than a moderate rating under the VASRD diagnostic code for limitation of motion (5271) as adjudicated by the PEB.  There was no evidence of painful motion causing functional loss supporting a minimal rating (based on §4.40, §4.45 and §4.59).  There was no evidence of ankylosis of the ankle (5270) or X-ray evidence of arthritis (5003).  After due deliberation, considering all of 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.  

BOARD FINDINGS:  In the matter of the left 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.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20170404, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record 

AR20180009198, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX

	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