RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-04530
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060227

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

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 - 20060125	VARD - 20060228	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Hip Pain	5099-5003	10%	Degenerative Arthritis, Right Hip	5299-5252	10%	20050930	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Chronic Right Hip Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right hip pain began in December 2004 and he underwent surgery for right femoral head reshaping in March 2005.  At a physical therapy visit on 26 September 2005, 5 months prior to separation, the CI reported right hip pain that felt like it “pops more.”  The examiner noted normal posture, and no swelling, joint effusion or tenderness; gait was not addressed.  Right hip flexion was to 110 degrees (125 normal), extension to 15 degrees (normal 20) and abduction to 30 degrees (45 normal), with painful motion.  The 30 September 2005 MEB NARSUM examination recorded CI complaints of right hip pain, and physical findings showed right quadriceps motor strength of 4/5, and intact sensation to light touch; gait, stance and posture were not addressed.  Right hip flexion was to 100 degrees, extension to 5 degrees and abduction to 30 degrees; painful motion not addressed.  

At the 30 September 2005 VA Compensation and Pension (C&P), 7 months after separation, the CI reported right hip pain, popping and weakness precipitated by lifting, and prolonged standing and sitting.  The examiner documented a normal gait, without ambulatory aids, and that he was unable to walk in a squatted position due to pain.  There was no right hip swelling, joint effusion or tenderness, and muscle strength was normal in all extremities.  Right hip flexion was to 120 and abduction to 45 degrees, with no pain, weakness, fatigue or in coordination after repetition.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right hip condition 10%, analogously coded 5099-5003 (arthritis, degenerative), citing the US Army Physical Disability Agency pain policy.  The VA also rated the right hip condition 10%, but analogously coded 5299-5252 (thigh, limitation of flexion) based on the C&P examination, citing “degenerative process when coupled with limited motion.”  Panel members agreed there was no limitation of motion (codes 5250 through 5253) to support a 10% rating, as documented by the MEB NARSUM and VA ROM examinations.  However, there was sufficient evidence of painful motion (§4.59) to support a 10% rating as adjudicated by the PEB.  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 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:

AR20190007306, 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.