RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-05249 BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050713

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Telecommunications Operator-Maintainer, medically separated for “chronic bilateral foot pain secondary to symptomatic pes planus” with a disability rating of 10%.

CI CONTENTION: Her bilateral foot pain continues. 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 - 20050520	VARD - 20060815	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Bilateral Foot Pain…	5099-5003	10%	Bilateral Pes Planus…	5276	10%	20060725	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Chronic Bilateral Foot pain. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI underwent bilateral bunionectomy and lateral column lengthening in 2001. .The 23 March 2005 MEB NARSUM examination, 4 months prior to separation, noted bilateral fallen arches. At the 25 July 2006 VA Compensation and Pension (C&P) examination, 12 months after separation, the CI reported 5/10 foot pain which increased to 8/10 with flare-ups. The CI used shoe inserts without pain relief. Physical examination showed a normal gait with non-tender, surgical scars bilaterally. There was minimal pain at extreme range of motion.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the feet bilaterally at 10%, coded 5099-5003 (analogous to degenerative arthritis), citing symptomatic pes planus. The VA also rated the feet a single 10%, coded 5276 (flatfoot, acquired), based on the C&P examination, citing weight bearing line is over or medial to the great toe with inward bowing of the tendo-Achilles and pain on manipulation and use of the feet. The evidence did not support a 20% (unilateral) or 30% (bilateral) rating under the 5276 rating for marked deformity (pronation, abduction, etc.); pain on manipulation and use, swelling on use,

and characteristic callosities. 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 chronic bilateral foot pain condition.

BOARD FINDINGS: In the matter of the chronic bilateral foot pain 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

2	PD-2017-05249

ARXXXXXXXXXXX

Dear XXXXXXXXXXXXXX:
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.