RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXX		CASE: PD-2017-04404 BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20070717

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Engineering Aid, medically separated for “painful left radio styloid status post excision secondary to malunion” with a disability rating of 10%.

CI CONTENTION: He had an overall rating of 40% from the VA in effect from time of discharge and 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 - 20070515	VARD - 20071204	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Painful Left Radio Styloid Status Post Excision Secondary to Malunion	5299-5212	10%	Residuals of Left Wrist	5215	0%	20070907	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Painful Left Radiostyloid Status Post Excision Secondary to Malunion. According to the service treatment record and MEB narrative summary (NARSUM), the right hand dominant CI sustained a left minimally displaced radial styloid fracture (thumb side, near the wrist) after falling onto his outstretched left hand. On 11 January 2007, he underwent a surgical excision of a malunion radial styloid process. The 3 April 2007 MEB NARSUM examination, 3 months prior to separation, noted complaints of continued left wrist pain. The physical examination (PE) revealed normal left wrist range of motion (ROM) except for ulnar deviation which was measured to 25  degrees

(normal 45). Wrist tenderness was present, but there was no comment with regard to painful motion.

At the 7 September 2007 VA Compensation and Pension (C&P) examination, 2 months after separation, the CI reported continued left wrist pain aggravated by work activities or cold weather, but denied stiffness, local swelling or weakness. The PE revealed left wrist tenderness and global decreased ROM with dorsiflexion to 60 degrees (normal 70), palmer flexion to 60 degrees (normal 80), radial deviation to 15 degrees (normal 20) and ulnar deviation to 40 degrees.  Local tenderness was present.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left wrist condition 10%, analogously coded 5299-5212 (radius impairment; malunion of). The VA rated the left wrist condition 0%, coded 5215 (wrist; limitation of motion), based on the C&P examination, citing no abnormality. Panel members agreed that a 10% rating, but no higher, was justified for either limitation of wrist motion under code 5215 or for malunion of the radius under code 5212. There was no higher rating under any other alternative VASRD coding schemes. 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 wrist condition.

BOARD FINDINGS: In the matter of the left wrist 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.

The following documentary evidence was considered:

2	PD-2017-05613

DEPARTMENT OF THE NAVY
SECRETARY OF 'TIIE NAVY COUNCIL OF REVIEW BOARDS 

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) PDBRltr

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.