RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX		CASE: PD-2017-03907 BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20050615

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Ship’s Serviceman, medically separated for “left talar osteochondritis dissecans” with a disability rating of 10%.

CI CONTENTION: Review requested of the left ankle condition, as well as additional conditions 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 – 20050310	VARD - 20060126	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Talar Osteochondritis Dissecans	5099-5003	10%	Left Ankle Traumatic Osteochondral Defect	
5271	
10%	
20050823	
Left Tibialis Posterior Tendinitis	Cat II					
Left Ankle Joint Traumatic Arthropathy	Cat II					
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 20%	
	
ANALYSIS SUMMARY:

Left Talar Osteochondritis Dissecans. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent left ankle surgery in June 2004 to repair a talar osteochondral injury. The 10 January 2005 MEB NARSUM examination, 5 months prior to separation, showed normal heel and toe walking, full ankle range of motion (ROM) without pain or tenderness, and no swelling or ecchymosis. However, there was stiffness, peroneal weakness and lightly decreased left ankle sensation. There was also mild tenderness over the peroneals, heel and hindfoot. At the 23 August 2005 VA Compensation and Pension (C&P) examination, 2 months after separation, the CI reported persistent left ankle pain and swelling with prolonged standing, walking and running, but denied incapacitation. Physical examination showed a normal gait without any signs of abnormal weight bearing. Left ankle ROM testing showed 10 degrees of dorsiflexion (normal 20) and 45 degrees of plantar flexion, with pain in both planes of motion.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left ankle condition 10%, analogously coded 5099-5003 (degenerative arthritis), and listed “left tibialis posterior tendinitis” and “left ankle joint traumatic arthropathy” as related Category II diagnoses, which panel members agreed were intrinsic to the rated condition and could not be given separate ratings without pyramiding (VASRD §4.14); thus, they were appropriately subsumed under the same rating. The VA also rated the left ankle condition 10%, coded 5271 (ankle, limitation of motion), based on the C&P examination, citing moderate limitation of motion. The panel considered whether a higher disability rating could be achieved based on the examination evidence, but concluded the next higher rating of 20% was not indicated in the absence of “marked” limited ankle ROM. 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 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.

2	PD-2017-03907

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

IN   REPLY  REFER  TO:
1850
CORB: 003 20May20

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 dtd 6 Nov 19

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy on 5 Mar 2020 for appropriate action.

2.	On 20 March 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR of no 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.