DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER
AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXXXXX Case Number PD-2017-05515

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual from the United States Marine Corps. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The covered individual (CI) was an active duty E3, Engineer Equipment Operator, medically separated for “left foot shotgun blast with bone loss” with a disability rating of 10% which the PEB coded 5284 (foot injuries, other). The VA also rated the left foot condition 10%, coded 5312 (Group XII; function-dorsiflexion), based on the Compensation and Pension (C&P) examination, citing moderate muscle disability The higher rating of 20% under the 5284 code requires demonstration of moderately severe impairment of function. The narrative summary 9 months before separation noted complaint of pain and weight bearing issues; however, range of motion (ROM) was only slightly reduced, sensation was diminished slightly, and pain was the functional limiting factor. The C&P examiner found painful motion and tenderness. The CI had normal gait, posture, ankle ROM, and motion in his toes. Panel members agreed, the higher rating for moderately severe impairment was not supported nor was code 5312 code applicable since evidence of prolonged infection, or sloughing of soft parts, and intermuscular scarring was not present. There were no additional codes to consider that would result in a higher rating. 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 foot condition.

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.