RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXX	CASE:  PD-2017-05514
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080201

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Infantryman, medically separated for “right calcaneus fracture” with a disability rating of 20%.  

CI CONTENTION:  “Limping is starting to make my knee and hips hurt.”  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 - 20090218	VARD - 20080717	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Calcaneus Fracture	5284	20%	Right Calcaneus Fracture	5299-5271	0%	20080708	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Right Calcaneus Fracture.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right heel injury occurred after falling off a roof and required an open reduction internal fixation on 10 May 2007.  During the 20 November 2007 MEB NARSUM examination, 3 months prior to separation, the CI reported no right ankle or foot pain and required no pain medication.  Physical examination showed a slight antalgic gait and significant swelling, but no tenderness.  Active range of motion (ROM), measured by goniometer, showed dorsiflexion of 6 degrees (normal 20) and plantar flexion of 45 degrees (normal).  The MEB physical therapy (PT) examination, 6 days later, showed no pain with walking and no need for assistive devices.  Right ankle dorsiflexion was to 15 degrees and plantar flexion to 40 degrees.   

At the 8 July 2008 VA Compensation and Pension (C&P) examination, 5 months after separation, the CI reported intermittent mild to moderate ankle pain and stiffness which did not prevent activities of daily living and or interfere with his work as a heavy equipment construction operator.  Physical examination showed adequate gait without ambulatory aids, the ability to heel and toe walk, and normal strength.  Right ankle ROM testing revealed dorsiflexion of 15 degrees and plantar flexion of 35 degrees.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right heel condition 20%, coded 5284 (foot injuries, other), citing “moderately severe” disability.  The VA rated the right heel condition 0%, analogously coded 5299-5271 (ankle, limited motion of), based on the C&P examination, citing no evidence of painful or limited motion.  Panel members agreed that while the MEB examinations, which were most proximate to separation, noted a slightly impaired gait, a swollen ankle and significant limitation of motion, there was no evidence of ankylosis or severe foot injury that would meet criteria for a higher rating than adjudicated by the PEB under codes 5270 or 5284.  Additionally, the C&P examination showed the CI was able to work full-time despite his pain.  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 heel condition.  

BOARD FINDINGS:  In the matter of the right heel 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.  

ARXXXXXXXXXXX,XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXX:

	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.