RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX 	CASE:  PD-2017-04471
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20050204

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Motor Transport Operator, medically separated for “chronic right hip pain” with a disability rating of 0%.  

CI CONTENTION:  Review all conditions.  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 - 20041022	VARD - 20050222	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Hip Pain 	5024	0%	Right Hip Condition	5299-5252	NSC	20041116	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Chronic Right Hip Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s hip condition began in June 1999 after a bad parachute landing fall.  The CI re-injured his hip in February 2003 during physical training.  Serial X-rays and bone scans were normal.  During the 6 August 2004 MEB physical examination (recorded on DD Forms 2807-1 and 2808), 6 months prior to separation, the CI reported worsening right hip pain.  Physical examination revealed tenderness and full range of motion (ROM), but there was pain with right hip flexion, abduction and adduction.  

The 6 August 2004 MEB NARSUM examination, 6 months prior to separation, noted complaints of chronic right hip pain.  Physical examination was “unremarkable with the exception of the findings of his right hip.”  The 13 September 2004 physical therapy evaluation, approximately 5 months prior to separation, the CI continued to report right hip pain.  Physical examination revealed tenderness.  The ROM evaluation of the right hip revealed a flexion of 90 degrees (normal 125), abduction of 30 degrees (normal 45) and extension of 20 degrees (normal).  Pain was noted on right side of hip.  

At the 16 November 2004 VA Compensation and Pension (C&P) examination, 3 months before separation, the CI reported chronic right hip pain.  Physical examination showed the right hip was normal in outline and symmetrical with the left.  There was no heat, redness, swelling or tenderness around the hip joint.  ROM of the right hip revealed a flexion of 125 degrees, abduction of 45 degrees and extension of 30 degrees without pain.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right hip condition 0%, analogously coded 5024 (tenosynovitis), citing normal ROM with pain.  The VA did not service-connect the right hip condition, but analogously coded it 5299-5252 (limitation of flexion), based on the C&P examination, citing no pathology for a diagnosis.  

The panel agreed that there was insufficient limitation of ROM of the right hip to provide a minimum rating using VASRD codes 5251 (thigh, limitation of extension of), 5252 (thigh, limitation of flexion of) or 5253 (thigh, impairment of).  The panel majority assigned greater probative value to the VA examination, which was 3 months more proximate to the date of separation than the MEB examination.  According to the VA C&P examination there was no evidence of painful motion or functional loss; therefore, a 10% rating based on §4.59, §4.40 and §4.45 was not warranted.  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 right hip condition and IAW VASRD §4.71a, the panel majority recommends no change in the PEB adjudication.  The single voter for dissent recommends modification to 10%, but does not elect to submit a minority opinion.  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:

AR20180014218, XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	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.