RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-03916 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20071031

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Amphibious Assault Vehicle Crewman, medically separated for “snapping hip syndrome, left hip” with a disability rating of 10%.

CI CONTENTION: Requested review of 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’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 - 20070906	VARD - 20080623	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Snapping Hip Syndrome, Left Hip	5299-5003	10%	Iliotibial Band Syndrome, Left Hip…	5252	10%	20080410	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Left Snapping Hip Syndrome. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI underwent a greater trochanteric bursa excision and iliotibial band lengthening surgery on his left hip in January 2007 due to trochanteric bursitis and snapping hip syndrome.  He initially did well post-operatively, but symptoms gradually returned.

The 1 August 2007 MEB NARSUM examination, 3 months prior to separation, noted CI complaints of being unable to run secondary to left hip pain.     Physical examination showed a normal gait,

and hip range of motion (ROM) was “essentially full” including flexion, extension, lateral bending, rotation and abduction, with painful flexion and abduction.  Pelvis X-rays were normal.

At the 10 April 2008 VA Compensation and Pension (C&P) examination, 5 months after separation, the CI reported mild daily pain on the side of the left hip with a “popping sensation,” and moderate pain with prolonged standing. He could stand for up to one hour, walk 1-2 miles, and did not require an assistive device. Physical examination showed a normal gait, no swelling, effusion, tenderness or laxity, and no evidence of giving way or instability. Strength was normal. Measured hip ROM revealed flexion to 125 degrees (normal), extension to 30 degrees (normal), external rotation to 60 degrees (normal), and abduction to 45 degrees (normal), with painful motion.  There was no additional limitation of motion after repetition.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left hip condition 10%, coded 5299-5003 (analogous to degenerative arthritis). The VA also rated the left hip condition 10%, but used code 5252 (limitation of thigh flexion), based on the C&P examination, citing painful motion. Panel members agreed there was no compensable limitation of flexion/extension or thigh impairment (5251, 5252), however, there was evidence of painful motion with functional loss supporting a 10% rating (based on §4.59,
§4.40, §4.45). There was also no evidence of hip ankyloses, flail hip joint, or femur impairment (5250, 5254, 5255) for a rating under the respective codes, and thus no higher rating than 10% supported under any applicable VASRD §4.71a code. 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 hip condition.

BOARD FINDINGS: In the matter of the left snapping hip syndrome 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-2017-03916

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 18 Jul 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 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.