RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX		CASE: PD-2017-04092 BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050628

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

CI CONTENTION: The hip condition continues to negatively impact her life and should have been rated higher. 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 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 - 20050519	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Osteoarthritis Right Hip…	5003	0%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Osteoarthritis Right Hip. According to the service treatment record and MEB narrative summary (NARSUM), the CI had right hip surgery in October 2004 to repair a torn labrum (fibrocartilage attached to the hip socket). At the 27 January 2005 orthopedic consult, 4 months after surgery and 5 months prior to separation, the CI had continued right hip pain, rated at 4/10 in severity, with normal activity. Physical examination recorded range of motion (ROM) as flexion to 110 degrees (normal 125), extension to 20 degrees (normal), external rotation to 40 degrees (normal 45), and internal rotation to 30 degrees (normal 45), with painful motion. The 21 April 2005 MEB NARSUM examination, 2 months prior to separation, noted CI complaints of persistent right hip pain. Physical examination showed painful motion with flexion to 120 degrees and normal extension and external rotation. 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 right hip condition 0%, coded 5003 (degenerative arthritis), citing “limitation of motion due to pain” with application of US Army Physical Disability Agency pain policy (AR 635-

40). Panel members agreed that while there was no compensable limitation of flexion or extension (5252 or 5251), there was evidence of painful motion with functional loss supporting a 10% rating (based on §4.59, §4.40 and §4.45). There was no fracture, nonunion or malunion of the femur to support consideration under the respective codes for hip impairment (5255, 5253). After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the right hip condition, coded 5003.

BOARD FINDINGS: In the matter of the right hip condition, the panel recommends a disability rating of 10%, coded 5003 IAW VASRD §4.71a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Osteoarthritis Right Hip	5003	10%	

2	PD-2017-04092

DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385
ARLINGTON, VA 22202-3531

AR20200004494, 

Dear XXXXXXXXXXXXX:

The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability. I have reviewed the Board’s recommendation and record of proceedings (copy enclosed) and I accept its recommendation. This will not result in any change to your separation document or the amount of severance pay. A copy of this decision will be filed with your Physical Evaluation Board records. I regret that the facts of the case did not provide you with the outcome you may have desired.

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.

A copy of this decision has also been provided to the Department of Veterans Affairs.

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