RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-04770 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20060815

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E2, Basic Marine, medically separated for “right ankle fracture” with a disability rating of 10%.

CI CONTENTION: “I have had major issues with the leg injured caused by the injury including a dislocated kneecap, and the issues have not corrected.” 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 - 20060619	VARD - 20061129	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Ankle Fracture	5299-5003	10%	Fracture of Right Distal Fibula…	5024-5271	10%	20060725	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Right Ankle Fracture. According to the service treatment record and MEB narrative summary (NARSUM), the CI entered the military with a waiver for bilateral limitation of ankle dorsiflexion noted on his military entrance physical dated 16 August 2005. The CI injured his right ankle during basic training and on 3 January 2006 he underwent open reduction and internal fixation [ORIF] surgery of the lateral malleolus to repair a fractured fibula at the ankle. Following rehabilitation and when returned to training the CI had recurrent ankle pain with limping.

The 11 May 2006 MEB NARSUM examination, 3 months prior to separation, noted complaints of persistent pain accompanied by continued limping that prevented further training. Physical examination showed well-healed surgical scars, with no tenderness or evident complications of surgery. Ankle range of motion (ROM) was recorded as dorsiflexion to 10 degrees (normal 20) and plantar flexion to 60 degrees (normal 45). Neurologic examination was normal. Ankle X-rays showed the fracture had healed, the hardware was intact, and the ankle joint was maintained.

During the MEB examination one week later (recorded on DD Forms 2807-1 and 2808), the CI reported ankle pain with prolonged walking, standing, or running. Physical examination revealed “limited” ROM, particularly in dorsiflexion, with painful motion noted by the examiner.

At the 25 July 2006 VA Compensation and Pension (C&P) examination, one month before separation, the CI reported no right ankle pain except when running or walking, especially when barefoot. He did not use an elastic bandage or ankle brace. Physical examination showed a mild limp on the right. The right ankle was tender, but showed no swelling, fluid buildup, or discoloration, and ROM was recorded as dorsiflexion to 5 degrees and plantar flexion to 40 degrees, with dorsiflexion limited by pain. Neurologic examination was normal. Radiographic studies showed a healing fibular fracture bridged by a single fixation plate, with no evidence of complication or failure, and an osteochondral defect of lateral aspect of the talar dome (cartilage defect of joint surface). Ankle X-rays showed intact hardware with anatomic alignment and the ankle joint was maintained.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right ankle at 10%, coded 5299-5003 (analogous to degenerative arthritis). The VA also rated the ankle at 10%, but coded 5024-5271 (tenosynovitis – limited motion of the ankle), based on the C&P examination. The panel noted that the CI entered the military with a waiver for moderate limitation of ankle motion and therefore no higher rating than 10% was supported for this condition. A 10% rating was alternatively supported for painful motion of the ankle with functional loss (based on §§4.59, 4.40 and 4.45). The panel considered alternative VASRD ankle and analogous codes, but all were less applicable. The panel concluded no higher rating was supported than the 10% 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.

BOARD FINDINGS: In the matter of the right ankle fracture 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-2017-04770

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPLY REFER TO:
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:	

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno 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.