RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-03596
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090526

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Motor Transport Operator, medically separated for “bilateral leg compartment syndrome” with a disability rating of 20%.  

CI CONTENTION:  No specific contention made.  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 - 20090416	VARD - 20100114	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Leg Compartment Syndrome	5099-5003	20%	Bilateral Compartment Syndrome of the Lower Extremities	5299-5262	0%	STR	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  50%	

ANALYSIS SUMMARY:  

Bilateral Leg Compartment Syndrome.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s bilateral leg pain condition began in 2005 after running any distance.  Originally thought to be shin splints, the condition was diagnosed by orthopedics on 19 September 2008 as bilateral lower extremity exertional compartment syndrome.  The MEB forwarded “bilateral leg compartment syndrome” for PEB adjudication.  

A physical therapy encounter dated 18 November 2008, 6 months prior to separation, documented painful motion to the hips, knees, and ankles of both lower extremities.  Range of motion of the same joints were normal except for a very mild decrease in flexion of the hips and knees and dorsiflexion of the ankles.  

At the 11 December 2008 MEB NARSUM examination, 5 months prior to separation, the CI’s chief complaint was noted as “bilateral leg pain.”  Physical examination revealed mild swelling on the front aspect of both ankles without evidence of local pitting edema, tenderness, warmth, or redness.  There was no VA examination proximate to separation in evidence.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the bilateral leg condition at 10% each leg for a combined rating of 20%, analogously coded 5099-5003 (degenerative arthritis), citing painful motion.  The VA rated the bilateral leg condition 0%, analogously coded 5299-5262 (tibia and fibula, impairment of), based on the STR, citing the CI did not report for the scheduled C&P examination.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel agreed that the persistence of painful motion supported the maximum rating under VASRD §4.59 for each lower extremity and thus concluded there was insufficient cause to recommend a change in the PEB adjudication for the bilateral leg condition.  

BOARD FINDINGS:  In the matter of the bilateral leg 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.  

AR20180015393, 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.