RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXXXXX	CASE: PD-2017-04826
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20081230

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E3, Personnel Administrator, medically separated for “left distal radius fracture with chronic distal radioulnar joint arthritis” with a disability rating of 10%.

CI CONTENTION: An extensive contention was submitted which included a requested a review of the unfitting left wrist condition as well his left shoulder, bicep, hand and nerve damage 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 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 - 20081010	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	

Left Distal Radius Fracture, with Chronic Distal Radioulnar Joint Arthritis	5299-
5003	
10%	
No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Left Distal Radius Fracture with Distal Radioulnar Joint Arthritis. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s left wrist condition initially began prior to his service in 2002. He fractured his left distal radius and underwent an open reduction and internal fixation. His wrist healed and he enlisted in Marine Corps Reserve but re- injured the same wrist in late 2007 while on active duty during pre-deployment training; however, he subsequently deployed to Iraq. The 25 June 2008 MEB NARSUM examination, 6 months prior to separation, noted complaints of weakness of grip of the left hand. The CI noted that hand sensation had improved over time. Physical examination showed a well-healed surgical incision on the wrist. He had full pronation and supination, and 45 degrees of flexion and dorsiflexion (normal, 80 and 70 degrees, respectively). There was no swelling or tenderness, and no clinical deformity.   He had normal sensory function.   Hand motor strength was not

addressed. The 15 October 2008 physical therapy re-evaluation, 2 months prior to separation, noted complaint of pain with gripping, weather changes, and with constant use of the computer. On examination there was good motor strength of the left wrist with ROM at 65 degrees of flexion and 55 degrees of dorsiflexion. 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 left wrist condition 10%, analogously coded 5299-5003 (degenerative arthritis). A 20% rating under the 5212 code is granted for nonunion in the upper half of the radius. Panel members agreed, evidence of nonunion was not present. Panel members noted the condition was not compensable under codes 5213 (supination and pronation, impairment), 5214 (ankyloses of), or 5215 (wrist limitation of motion). Therefore, panel members agreed, there was no evidence to support a rating higher than that 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 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-2017-04826

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 20May20

From: 

Director, Secretary of the Navy Council of Review Boards 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW  (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr <ltd 17 Nov  19

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.

Copy to: PDBR