RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXX	CASE: PD-2017-03969
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20090130

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Field Wireman, medically separated for “right hip pain” with a disability rating of 10%.

CI CONTENTION: The condition has deteriorated with severe pain and weakness, and makes basic functions (walking and sitting) more difficult. 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 - 20081015	VARD - 20090131	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip Pain	5299-5003	10%	Post-Operative Anterior-Posterior Labral Fraying, Right Hip	5252-5024	10%	20081003	
Right Acetabular Labral Fraying	Cat II					
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 60%	

ANALYSIS SUMMARY:

Right Hip Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right hip condition began in June 2005 after falling during a march, and she subsequently underwent two right hip surgeries between December 2007 and May 2008. The 13 August 2008 MEB NARSUM examination, 6 months prior to separation, noted complaints of right hip pain with impact activities. The physical examination (PE) revealed right hip flexion to 20 degrees (normal 125), with painful motion.

At the 3 October 2008 VA Compensation and Pension (C&P) examination, 4 months before separation, the CI reported continued intermittent right hip pain associated with weakness, stiffness, swelling and lack of endurance which was aggravated by physical activity. She could function with medication, and her limitations were documented as “cannot walk long distance, sit for prolonged time or do any exercises.” The PE revealed right hip tenderness, and painful range of motion (ROM) with flexion to 75 degrees and abduction to 30 degrees (normal 45).

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right hip condition 10%, analogously coded 5003 (arthritis, degenerative), and listed “right acetabular labral fraying” as a related Category II condition (contributes to the primary unfitting condition but was not separately ratable). Panel members agreed that this diagnosis was properly subsumed under the overall rating for the right hip pain IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). The VA also rated the right hip condition 10%, but dual coded 5252-5024 (thigh, limitation of flexion-tenosynovitis), based on the C&P examination, citing VASRD ROM limitations. The panel acknowledged the vast improvement in the CI’s right hip flexion from 6 to 4 months prior to separation, but agreed that the PEB’s 10% impairment rating was justified and clearly supported by §4.59 (painful motion). The pre-separation examinations did not demonstrate any further impairment to the adjacent femur bone to support a higher rating under code 5255. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was not sufficient evidence to support a rating higher than the 10% adjudicated by the PEB.

BOARD FINDINGS: In the matter of the right hip 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-2017-03969

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

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

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

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.