RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXX	CASE:  PD-2017-04203
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20051201

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Healthcare Specialist, medically separated for “chronic right hip and groin pain” with a disability rating of 0%.   

CI CONTENTION:  No specific contention was 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 - 20051007	VARD - 20060501	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Hip and Groin Pain	5022	0%	Right Superior Pubic Ramus Stress Fractures	5022	0%	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Chronic Right Hip and Groin Pain.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s right hip condition began in August 2004 after running.  The 11 March 2005 bone scan demonstrated a right superior pubic ramus stress fracture.  The CI was continued on crutch ambulation.  At the 22 July 2005 orthopedic examination the CI reported persistent right hip and groin pain.  Physical examination showed crutch ambulation, a mild antalgic gait and increased pain with right hip abduction, but there was full active range of motion (ROM) of the right hip.  
The 2 August 2005 MEB NARSUM examination, 4 months prior to separation, noted complaints of daily 3/10 right hip pain which worsened with walking, running, jumping and marching.  Physical examination showed a mildly antalgic gait and increased pain with internal rotation, but there was full ROM of the hips.  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 5022 (periostitis), citing periostitis without loss of joint motion.  The VA also rated the right hip condition 0%, coded 5022, based on the STR.  There was no limitation of motion which supported a rating under the diagnostic codes for limitation of flexion or extension (5251, 5252, and 5253).  However, there was evidence of painful motion with functional loss supporting a 10% rating (based on §4.59, §4.40 and §4.45).  There was also evidence of chronic, right pubic ramus stress fracture resulting in slight hip disability for a 10% rating analogous to 5255 femur malunion with slight hip disability.  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 5022.  

BOARD FINDINGS:  In the matter of the right hip condition, the panel recommends a disability rating of 10%, coded 5022 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	
Right Hip and Groin Pain	5022	10%	

The following documentary evidence was considered:

AR20190004341, XXXXXXXXXX

Dear XXXXXXXXXX:

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